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Patna High CourtCR. MISC./55517/2021bail granted

Maheshwari Devi v. The State Of Bihar

2022-01-29Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55517 of 2021 Arising Out of PS. Case No.-127 Year-2020 Thana- SIGAUDI District- Patna ====================================================== 1.

Maheshwari Devi W/o Mr. Jalender Singh Resident of Village- Rampur, P.S.- Khalpa, District- Jehanabad.

2.

Jalender Singh S/o Late Rammi Yadav Resident of Village- Rampur, P.S.- Khalpa, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivam For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

29-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioners pray for bail in Sessions Trial No. 317 of 2021, arising out of Sigori P.S. Case No. 127 of 2020, registered for the offence under Sections 342, 365, 120(B)/34 and 302 of the Indian Penal Code.

As per the prosecution case, petitioners alongwith other F.I.R. named co-accused abducted the mother of informant and wrongfully confined her. It is further alleged that mother of informant owned some land and after the registration of land, the informant suspects that the accused persons may do any untoward incident with her mother.

Patna High Court CR. MISC. No.55517 of 2021(3) dt.29-01-2022 2/3 It is submitted on behalf of petitioners that petitioners are innocent and committed no offence and they have been falsely implicated in the present case due of land dispute. Petitioner no. 1 is own elder sister of the informant and petitioner no. 2 is husband of elder sister of informant and both were taking care of her mother, when she was alive and when informant and her sister came to know that their mother will give the property to petitioners, the present false case has been lodged against petitioners. As a matter of fact, mother of the informant became seriously ill and firstly, she was treated at Jehanabad Hospital and thereafter Gaya and when she suffered a paralytic attack, petitioners got her treated up to P.M.C.H. and after her death, her dead-body was brought at Rampur, where her post-mortem examination was done and in the post-mortem report, no external or internal injury was found on her person. Petitioners are in custody since 26.05.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.55517 of 2021(3) dt.29-01-2022 3/3 amount each to the satisfaction of learned Additional Sessions Judge V, Danapur (Patna) in connection with Sessions Trial No. 317 of 2021, arising out of Sigori P.S. Case No. 127 of 2020. (Prabhat Kumar Singh, J) anay/- U T