Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50856 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== Rekha Devi D/O Kapildev Singh, W/O Sarla Singh @ Harishchandar Singh Resident Of Village- Nayatoal, Pastiya, P.S.- Azamnagar, Ditsrict- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in connection with Azamnagar P.S. Case No. 143 of 2022 registered under sections 302, 201, 120B and 34 of the Indian Penal Code. After conclusion of investigation, charge sheet has been submitted under Sections 306, 120(B) and 34 of Indian Penal Code.

The prosecution case in nutshell is that the daughter of the informant aged about 16 years went outside for doing xerox copy of some documents, but she did not return. After search the informant's daughter has been found dead on the house of the Sarla Singh who is the husband of the petitioner. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.50856 of 2022(3) dt.01-02-2023 2/2 petitioner is innocent and has committed no offence. Petitioner has co concern with deceased and she has falsely been implicated in this present case. It is further submitted that there is no consistent material against the petitioner and no any eyewitness of the commission of the offence rather only dead body was recovered from the house Sarla Singh who is the husband of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 24.5.2022. The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail.

The above named petitioner is directed to be enlarged on bail in connection with Azamnagar P.S. Case No. 143 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar.

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