Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49075 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- SANOKHAR District- Bhagalpur ====================================================== Anita Devi Wife Of Tuntun Thakur Resident Of Village - Nayatola, Dhanokhar, P.S. - Sanokhar, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 365 of the Indian Penal Code. Subsequently Section 302 I.P.C was also added. The prosecution case as per F.I.R is that minor daughter of the informant namely Anupam Kumari was playing outside the house and went missing. It is further alleged that even after search, she could not be traced. It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely

Patna High Court CR. MISC. No.49075 of 2023(3) dt.18-09-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and during the course of investigation, the petitioner has been roped in the present case. There is no eye witness. During investigation, no consistent material evidence was collected against the petitioner during investigation to connect the petitioner with the present case and only on the basis of self confession before the police, which has no evidentiary value in the eye of law, nothing has been found against the petitioner. The petitioner is languishing in custody since 10.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner confessed her guilt and on her identification, the dead body of the son of the informant was recovered.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.49075 of 2023(3) dt.18-09-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Sanokhar P.S. Case No. 129 of 2022.

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