Neelam Devi @ Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47612 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== NEELAM DEVI @ NILAM DEVI W/O SHASHI BHUSHAN RAI Resident of village- Bajitpur, (Mirjapur Bandaur), Ward No- 44, P.S.- Muffasil, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The learned counsel for the petitioner has filed the hard copy of supplementary affidavit. Let it be kept on the record. The petitioner apprehends his arrest in connection with Town P.S. Case No. 92 of 2022, registered for the offences punishable under Sections 201 and 120(B)/34 of the Indian Penal Code.

As per allegation, the informant and his brother Bambam Singh had appeared in Upnayan ceremony in the

Patna High Court CR. MISC. No.47612 of 2022(2) dt.11-01-2023 2/3 house of Uday Singh. The petitioner and one Karan Kumar had attempted to assault the brother of the informant. The informant returned to his home, but his brother stayed there. The petitioner had made an allegation against the brother of the informant that he snatched her golden chain. Next day, the dead body of the informant was found.

The learned counsel for the petitioner has submitted that the petitioner is innocent. She is a lady of clean antecedent. She has falsely been implicated merely because she had levelled allegation against the deceased, one day prior to the occurrence of snatching of golden chain. No evidence emerged against the petitioner during the course of investigation, accordingly, the investigating authority submitted final form against the petitioner and found the case true against one unknown driver. Considering the fact that the petitioner is not sent up, as no material emerged against her during course of investigation, let the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No. 92 of 2022, subject to condition as laid down under section 438(2)

Patna High Court CR. MISC. No.47612 of 2022(2) dt.11-01-2023 3/3 Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T