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Patna High CourtCR. MISC./44799/2022allowed

Raso Devi @ Paro Devi v. The State Of Bihar

2023-02-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44799 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== 1.

Raso Devi @ Paro Devi Wife Of Baisakhi Paswan R/O Village- Marar, Ward No. 10, P.S.- Rahika, District- Madhubani 2.

Ranju Devi Wife Of Lalit Paswan R/O Village- Marar, Ward No. 10, P.S.- Rahika, District- Madhubani 3.

Ajay Paswan @ Ajay Kumar Paswan Son Of Baishakhi Paswan R/O Village- Marar, Ward No. 10, P.S.- Rahika, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Mr. Gagan Deo Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners has filed the instant application for grant of regular bail in connection with Rahika P.S. Case No. 20 of 2022 registered under Sections 364, 302, 201, 120(B) and 34 of the Indian Penal Code.

Prosecution case in short is that the informant daughter was traceless and on search the dead body of the daughter of the informant aged about 3 years has been found from the trunk.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.44799 of 2022(4) dt.02-02-2023 2/3 petitioners are innocent and has committed no offence. They have falsely been implicated in this present case. The informant and petitioners are agnates. It is further submitted that there is no specific overt act against the petitioners rather the incriminating article has been recovered from the house of the other co-accused, namely, Kavita Devi which is apparent from the para-4 of the case diary. It is next submitted that co-accused Kavita Devi confessed her guilt in her confessional statement. There is general and omnibus allegation against the petitioners and in this case no eyewitness has supported the prosecution case. A statement has been made in para-3 of this petition that petitioner have got no criminal antecedent. They are languishing in judicial custody since 14.02.2022. The application for bail is vehemently 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, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Rahika P.S. Case No. 20 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44799 of 2022(4) dt.02-02-2023 3/3 satisfaction of the learned C.J.M, Madhubani, DistrictMadhubani. shubham/- (Sunil Kumar Panwar, J) U T