Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50601 of 2023 Arising Out of PS. Case No.-512 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

SUSHILA DEVI Wife of Bhuteli Sah Resident of Village - Sapahi, Police Station - Turkauliya (Raghunathpur O.P.), District - East Champaran at Motihari 2.

Niloo @ Nilu Kumari @ Lilu Kumari Daughter of Bhuteli Sah Resident of Village - Sapahi, Police Station - Turkauliya (Raghunathpur O.P.), District - East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Ban Bihari Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 302, 201 / 34 of the Indian Penal Code.

3. It is alleged that all the F.I.R named accused persons including these petitioners have committed murder of grandson of the informant.

4. It is submitted on behalf of the petitioners that informant is not an eye-witness of the alleged occurrence and only on suspicion these petitioners have been made accused in

Patna High Court CR. MISC. No.50601 of 2023(2) dt.17-08-2023 2/2 this case. From bare perusal of the F.I.R., it is apparent that during course of investigation not a single eye witness supported the prosecution case. No specific overt act is alleged against these petitioners. Petitioners are ladies and claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya (Raghunathpur O.P) P.S. Case No. 512 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T