Patna High CourtCR. MISC./49759/2024bail granted

Sanju Devi v. The State Of Bihar

2024-11-12Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49759 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Sanju Devi Wife of Raj Kumar Mahto @ Ram Kumar Village- Ghatho, Ward No. -07, P.S.- Ghatho, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Ujiyarpur P.S. Case No. 33 of 2024, instituted for the offences punishable under Section 302 of the Indian Penal Code.

3. The prosecution case, in short, is that, minor daughter of the informant went missing on 02.02.2024. During course of search on 03.02.2024 it came to light that dead body of an unknown girl has been recovered from Najirpur Manad Chaur which was identified as the minor daughter of the informant.

Patna High Court CR. MISC. No.49759 of 2024(4) dt.12-11-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is a lady and the petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co-accused person and the same has got no evidentiary value. It is further submitted that the petitioner has no previous enmity with the informant or with the deceased girl and there is no motive of this petitioner to do such act as alleged. The petitioner is in custody since 17.02.2024 and has got no criminal antecedent..

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.49759 of 2024(4) dt.12-11-2024 3/3 below/concerned Court in connection with Ujiyarpur P.S. Case No. 33 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T