Patna High CourtCR. MISC./48332/2023bail granted

Rita Devi v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48332 of 2023 Arising Out of PS. Case No.-51 Year-2021 Thana- BALIA BELON District- Katihar ====================================================== RITA DEVI WIFE OF LATE NIDHI RAI RESIDENT OF VILLAGE - SHEIKHPURA, POLICE STATION - BALIA BELON, DISTRICT - KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 326 of 2021(G.R. No. 1904 of 2021) arising out of Baliya P.S. Case No. 51 of 2021 dated 22.05.2021 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's

Patna High Court CR. MISC. No.48332 of 2023(2) dt.09-08-2023 2/3 nephew, Raj Kumar Rai at his matrimonial house after tying rope on his neck.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The petitioner is the lady. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 13.04.2023 passed in Cr. Misc. No. 8514 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.08.2021.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Sessions Trial No. 326 of 2021 (G.R. No. 1904 of 2021) arising out of Baliya P.S. Case No. 51 of 2021.

Patna High Court CR. MISC. No.48332 of 2023(2) dt.09-08-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T