Priyanka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53526 of 2024 Arising Out of PS. Case No.-122 Year-2022 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== PRIYANKA DEVI W/O LAKKI MAHTO R/V RAHIMABAD, P.S- N.H. BANGRA, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar, Advocate For the State :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with N H Bangra P.S. Case No. 122 of 2022, registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons, including this petitioner and son of informant used to work as laborers at Karnal wherein son of informant fell in love with a girl, due to which enmity arose between this petitioner and son of informant and subsequently, on 22.09.2022, informant came to know that his son was called by all the accused persons, including this petitioner and thereafter, he was killed by them.

Patna High Court CR. MISC. No.53526 of 2024(2) dt.30-08-2024 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that informant is not an eye witness of the alleged occurrence and only suspicion, petitioner has been made an accused in this case. It is further submitted that from bare perusal of the post mortem report suggests that the doctor has opined that there was no external injury on the body of the deceased, which itself falsifies the entire prosecution case. Moreover, similarly situated co-accused persons have already been granted privilege of anticipatory bail by this Hon'ble Court vide order dated 20.07.2023 passed in Cr. Misc. No. 24956 of 2023. Petitioner claims clean antecedents and he is in custody since 01.04.2024. Moreover, chargesheet has already been submitted.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, nature of accusation and period of custody, the prayer for bail of petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Samastipur, in connection

Patna High Court CR. MISC. No.53526 of 2024(2) dt.30-08-2024 3/3 with N H Bangra P.S. Case No. 122 of 2022.

(Prabhat Kumar Singh, J) shashank/- U T