Parmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48244 of 2023 Arising Out of PS. Case No.-963 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== PARMILA DEVI W/O SURENDRA SARDAR R/O Village- Behrari, Ward No. 1, P.S- Shankarpur, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durgesh Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Section 302 of the Indian Penal Code. It is a case of commission of murder to the informant's brother, namely, Nitish Kumar by the petitioner with whom deceased had developed relationship. Informant has raised strong suspicion against the petitioner that under a conspiracy petitioner has killed his brother. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged in the present case as deceased was working as compounder and in

Patna High Court CR. MISC. No.48244 of 2023(4) dt.03-10-2023 2/3 same place petitioner was engaged as nurse. During investigation, no consistent material has come against the petitioner to show her involvement in the present case. In fact, deceased was himself committed suicide by hanging and he felt a suicidal note which was seized from the place of occurrence. After completing investigation, chargesheet has been submitted u/s 306 IPC and not u/s 302 IPC. Petitioner has got no criminal antecedent and she is languishing in judicial custody since 10.12.2021.

The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Madhepura in connection with Madhepura P.S. Case No. 963 of 2021.

(Sunil Kumar Panwar, J) sushma/- U

Patna High Court CR. MISC. No.48244 of 2023(4) dt.03-10-2023 3/3