Patna High CourtCR. MISC./49324/2023allowed

Sanju Devi v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49324 of 2023 Arising Out of PS. Case No.-445 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== Sanju Devi Wife Of Late Ramanand Yadav R/O-Barahkurwa, Ward No. 15, P.S.-Kumarkhand, Distt.-Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shabina Talat :

Mr.Uday Chand Prasad For the State :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B, 386, 34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that the petitioner is indulged in hatching conspiracy to shot dead the father of the informant namely, Ramandand Yadav in connivance with other accused persons. The alleged occurrence took place in the background of money dispute.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant is not eye witness of the alleged occurrence rather she

Patna High Court CR. MISC. No.49324 of 2023(3) dt.18-09-2023 2/2 has falsely been implicated in this case on the basis of mere suspicion. It is further submitted that the alleged occurrence took place on 20.12.2022 and Postmortem was also conduced at the same day whereas the FIR was lodged on 22.12.2022 after delay of two days which creates doubt on the authenticity of the prosecution. The petitioner has got no criminal antecedent as stated in par-3 of the bail petition and languishing in judicial custody since 2.1.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as the petitioner, being a lady and her custody period, this court is inclined to enlarge her on bail. The above named petitioner is directed to be released on bail in connection with Kumarkhand (Bhatni OP) P.S. Case No. 445 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Madhepura.

(Sunil Kumar Panwar, J) Amandeep/- U T