Suman Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48307 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Suman Devi W/O Dilip Kumar @ Dilip Mahto R/O Village- Singhiya Hibban Ward No. 1, Ps.- Turkauliya (BANJARIYA), Dist. East Champaran 2.

Dilip Kumar @ Dilip Mahto S/O Jainath Mahto R/O Village- Singhiya Hibban Ward No. 1, Ps.- Turkauliya (BANJARIYA), Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioners 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 petitioners and learned APP for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Turkauliya (Banjariya) P.S. Case No. 138 of 2023 dated 26.01.2023 registered for the offences punishable under Sections 302 and 120B read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the informant's husband by slitting his neck with dabiya.

5. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.48307 of 2023(2) dt.08-08-2023 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. There is no eye witness to the said occurrence. There is general and omnibus allegation against the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 27.01.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 138 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T