Babita Kumari @ Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51444 of 2021 Arising Out of PS. Case No.-149 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== BABITA KUMARI @ BABITA DEVI W/O BIRENDRA KUMAR @ BIRENDRA SAHNI R/o village- Sonathi, P.S.- Bochahan, Distt.- Muzaffarpur (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 387 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, U.D Case no. 1 of 2018 was registered on 29.1.2018 on the death of Deep Shikha Kumari. Subsequently, it transpired that she had been strangulated and thus the instant FIR.

It is submitted by learned counsel for the petitioner that the petitioner happens to be the maami (aunt) of the deceased. On the death of her parents the deceased along with her brother and sister were residing with her maternal uncle i.e the husband of the petitioner herein. No material has transpired

Patna High Court CR. MISC. No.51444 of 2021(3) dt.30-03-2022 2/2 in course of investigation to connect the petitioner with the alleged crime. In fact it transpired in course of investigation that the deceased was found dead inside the room and the door of the room was broken open from outside as the same was locked from inside. The petitioner is in custody since 18.3.2021 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that that has transpired in course of investigation together with the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Bochahan P.S Case no. 149 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M 1st Class, East Muzaffarpur, District Muzaffarpur. (Partha Sarthy, J) Prakash/- U