Kamini Devi @ Suman Kumari @ Kamini v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49078 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.
KAMINI DEVI @ SUMAN KUMARI @ KAMINI W/O ANIL PASWAN @ ANIL KUMAR PASWAN R/O VILLAGE- MALHIPUR, P.O. SHALIGRAMI, PS. SAHEBPUR KAMAL, DIST. BEGUSARAI 2.
KISHAN PASWAN @ KISAN PASWAN @ KISHAN KUMAR @ KISAN KUMAR S/O LATE DHEERAJ PASWAN @ LATE DHEERAJ KUMAR PASWAN R/O VILLAGE- MALHIPUR, P.O. SHALIGRAMI, PS. SAHEBPUR KAMAL, DIST. 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.Raj Ballabh Singh, APP For the informant :
Mr.Ranjit Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023
1. 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 A.P.P. for the State as well as the learned counsel for the informant.
3. The petitioners have preferred this application for grant of regular bail in connection with Sahebpur Kamal P.S. Case No. 102 of 2023 dated 15.4.2023 registered for the offences punishable u/s 364, 120B, 302, 201 of the Indian Penal
Patna High Court CR. MISC. No.49078 of 2023(2) dt.04-08-2023 2/3 Code.
4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have abducted the son of the informant and committed his murder. Further, his dead body was found near Chamantol Bahiyar on the next day.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case only on the basis of suspicion. There is general and omnibus allegation against the petitioners. Nothing incriminating material have been recovered from the conscious possession of the petitioners. There is no eye witness to the occurrence. Learned counsel has further submitted that the petitioner No. 1 is a lady and the petitioner No. 2 is a Constable in Bihar Police and he was posted at Muzaffarpur at the time of the said occurrence. The petitioners have clean antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 18.4.2023.
6. Learned A.P.P. for the State as well as the learned counsel for the informant have 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
Patna High Court CR. MISC. No.49078 of 2023(2) dt.04-08-2023 3/3 being general and omnibus, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Sahebpur Kamal P.S. Case No. 102 of 2023.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T