Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42372 of 2022 Arising Out of PS. Case No.-765 Year-2017 Thana- BANKA District- Banka ====================================================== Babita Devi Wife Of Ghutar Das Resident Of Village - Gonalwari, P.S.- Banka, Distt.- Banka.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

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

The petitioner seeks regular bail in connection with Banka P.S. Case No. 765 of 2017 registered for the offence under Sections 302/34 of the Indian Penal Code. As per prosecution case, when the informant was informed that her daughter was sick, on such information, the informant reached the matrimonial house of his daughter, where he saw her daughter laying as dead and also found red abrasion mark on her neck thereafter the case has been registered against the accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. The allegation leveled upon

Patna High Court CR. MISC. No.42372 of 2022(3) dt.04-01-2023 2/2 the petitioner is false and concocted. It is further submitted vide para 9 of the petition that the petitioner has no concern with the deceased or her husband and she is living separate from the husband of the deceased. The husband of the petitioner has been living with this petitioner in Delhi much prior to the occurrence and working as a labour for their livelihood. A statement has been made in para 3 of the petition that the petition has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 1.5.2022. 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 petitioner on bail. The above named petitioner is directed to be released on bail in connection with Banka P.S. Case No. 765 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/Concerned court.

(Sunil Kumar Panwar, J) amandeep/- U T