Nirmala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47101 of 2022 Arising Out of PS. Case No.-270 Year-2020 Thana- SALIMPUR District- Patna ====================================================== Nirmala Devi W/O Late Chandraketu Saw R/O Village- Bihta, P.S.- Salimpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
The petitioner is in custody in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
Allegedly, it is a case of commission of the murder of the husband of the petitioner.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that there is no eye witness to the alleged occurrence and on the basis of suspicion, the name of the petitioner and others have been implicated in this case. Similarly situated coaccused has been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 29859 of 2021 vide
Patna High Court CR. MISC. No.47101 of 2022(3) dt.11-01-2023 2/2 Annexure-2 to the present petition. Petitioner is in custody since 06.10.2020 Learned APP appearing for the State has vehemently opposed the prayer for regular bail of the petitioner and submitted that cause of death was asphyxia lead to cardiac respiratory failure due to strangulation.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-V, Barh, Patna in connection with Salimpur P.S. Case No. 270 of 2020.
(Sunil Kumar Panwar, J) Brajesh Kumar/- U T