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Patna High CourtCR. MISC./40507/2019bail granted

Gunjan Devi v. The State Of Bihar

2019-09-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40507 of 2019 Arising Out of PS. Case No.-275 Year-2018 Thana- KISHUNPUR District- Supaul ====================================================== Gunjan Devi Wife of Late Binod Kumar Resident of Village-Chalhatta, Police Station-Kishanpur, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 05.12.2018 has filed the instant application for grant of bail in connection with Kishanpur P.S. Case No. 275 of 2018 registered for the offence punishable under sections 302, 328, 120B and 34 of the Indian Penal Code.

As per the allegation in the FIR, it is stated by the informant that her daughter-in-law i.e. petitioner herein was having love affair with co-accused as a result of which both the accused persons gave poison to her son due to which he died. It is submitted by learned counsel for the petitioner that the allegations are false and concocted. The petitioner was married to the deceased 8 years back and has two children from

Patna High Court CR. MISC. No.40507 of 2019(4) dt.12-09-2019 2/2 the said wedlock. She is a helpless lady and is in custody since 05.12.2018. It is further submitted that in course of investigation, some witnesses have also stated that the deceased had committed suicide.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that petitioner is a lady and is in custody since 05.12.2018, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 275 of 2018.

(Partha Sarthy, J) Prakash/- U