Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52307 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- BAGENGOLA District- Buxar ====================================================== 1.

Sita Devi W/o Late Rakesh Paswan R/o Village and P.O. Bagen, P.S.- Bagen Gola, District- Buxar.

2.

Soni Devi W/o Chhotelal Paswan @ Chhotakan R/o Village and P.O. Bagen, P.S.- Bagen Gola, District- Buxar.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2022 Heard learned counsel for the petitioners and learned APP Mr. Dilip Kumar No.1for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek regular bail in connection with Bagen Gola P.S. Case No. 43 of 2021 registered for the offences under Sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are in custody since 04.06.2021, are women with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel submits that the informant

Patna High Court CR. MISC. No.52307 of 2021(3) dt.22-02-2022 2/3 alleges that 1.6.2021 in between 9-10 A.M. her husband was killed by the widow of Shiv Mangal Ram with the help of unknown persons, it is further alleged that the widow of Shiv Mangal Ram had earlier also threatened the informant that she will make her a widow, further that on 29.5.2021, in the night she had again called and threatened that she will make the informant a widow.

Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR it would manifest that the informant alleges that her husband was killed by the widow of Shiv Mangal Ram in association with some unknown persons, the learned counsel further submits that the petitioners (Sita Devi and Soni Devi) are also known to the informant but still in the FIR there is no allegation against them not even a remote suspicion. It is thus, submitted that the petitioners are not named in the FIR and came to be implicated during the course of the investigation based on suspicion. Learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioners are in custody since 04.06.2021, are the women with clean antecedent and charge-sheet has been submitted in this case, let the petitioners above named be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.52307 of 2021(3) dt.22-02-2022 3/3 Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Bagen Gola P.S. Case No. 43 of 2021.

(Satyavrat Verma, J) Ravi/- U T