Sita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43425 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== SITA DEVI Wife of Chotelal Ram Resident of village - Bada Pareuwa, ward no. 17, P.S. - Raxaul, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Raxaul P.S. Case No. 76 of 2022 dated 10.02.2022 registered for the offences punishable u/s 302 read with Section 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused person are alleged to have strangulated the informant's son to death.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.43425 of 2023(2) dt.27-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is a delay of about 115 days in lodging the F.I.R. which was lodged on 10.02.2022 and the alleged occurrence took place on 14.10.2021. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is a lady and she is in custody since 19.03.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the petitioner being lady, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Raxaul at Motihari, East Champaran in connection with Raxaul P.S. Case No. 76 of 2022.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T