Reeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39884 of 2020 Arising Out of PS. Case No.-147 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== 1.

REETA DEVI WIFE OF BASUDEO MANDAL RESIDENT OF VILLAGE - FULKAHI, P.S. - RAGHOPUR, DISTRICT - SUPAUL 2.

RUBI KUMARI DAUGHTER OF BASUDEO MANDAL RESIDENT OF VILLAGE - FULKAHI, P.S. - RAGHOPUR, DISTRICT - SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Mr.Rajnandan Kumar For the Opposite Party/s :

Mr.Pawan Kr. Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Raghopur P.S. Case No.147/2020 registered for the offence punishable under Sections 364/34, 120(B) of the Indian Penal Code and section 302 IPC was subsequently added.

As per the prosecution case, son of the informant was missing from the house. Then during the course of search his nephew disclosed that petitioner no.2 has called his son to their house as there was love affair between his son and petitioner no.2. Thereafter informant went to the

Patna High Court CR. MISC. No.39884 of 2020(3) dt.19-03-2021 2/3 petitioners' house and asked them to release their son. Mukhiya was also called to do panchayati but the petitioners thrown them out of the house after abusing them. It is alleged that son of the informant has also been killed.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to dirty village politics and has not committed any offence as alleged in the FIR. No incriminating article has been recovered from their conscious physical possession. The allegation leveled against the petitioners are general and omnibus in nature. Petitioner no.2 had no love affair with the son of the informant and she never called him. Only on the basis of the confessional statement of the coaccused Basudeo Mandal, names of the petitioners have appeared in the case. The petitioners have no criminal antecedent and have been languishing in custody since 23.06.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail, after framing of charge on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.39884 of 2020(3) dt.19-03-2021 3/3 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below in connection with Raghopur P.S. Case No.147/2020.

(Anjani Kumar Sharan, J) pallavi/- U T