Budhani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42127 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- JALALGARH District- Purnia ====================================================== 1.

Budhani Devi W/O Ghanshyam Rishideo Resident Of Misharinagar, P.S.- Jalalgarh, District- Purnea 2.

Goliya Devi W/O Late Janki Rishideo Resident Of Misharinagar, P.S.- Jalalgarh, District- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Jalalgarh P.S. Case No. 59 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code. As per prosecution case, the informant's nephew was strangulated to death using a rope by these petitioners and other co-accused persons.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. As per Postmortem report, it appears that doctor opined the cause of death is due to strangulation. It is further submitted that during course of investigation any witness examined did not claim to have seen

Patna High Court CR. MISC. No.42127 of 2022(3) dt.04-01-2023 2/2 the alleged occurrence of murder, in fact due to family dispute the deceased left his house and started residing in in-laws' house of his brother where he might have committed suicide. They have got no criminal antecedent. Similarly situated co-accused namely, Dharma Rishi has already been granted bail by a coordinate bench of this court vide order dated 22.11.2022 in Cr. Misc. No. 39768 of 2022. It is further submitted that the petitioners are languishing in judicial custody since 29.3.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Jalalgarh P.S. Case No. 59 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea. (Sunil Kumar Panwar, J) amandeep/- U T