Belmanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50978 of 2022 Arising Out of PS. Case No.-228 Year-2022 Thana- RUPASPUR District- Patna ====================================================== Belmanti Devi W/O Late Vikash Das R/O Village- Khajuri, P.S.- Naubatpur, District- Patna, Presently Residing At Rupaspur Chamartoli, P.S.- Rupaspur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-12-2022 The matter has been taken-up through video conference. Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act. Allegation against the petitioner and co-accused Laddu Singh, who is second husband of the informant is that they after hatching the conspiracy killed her son by pressing his neck. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.50978 of 2022(2) dt.16-12-2022 2/2 petitioner is innocent and has falsely been implicated in this. It is submitted that there is no eye-witness of the occurrence and the F.I.R. was lodged only on the basis of suspicion. It is further submitted that the deceased was the husband of the petitioner and the only material against the petitioner is her confessional statement before the police, in which she had stated about her involvement, which is not admissible in the evidence as per the Evidence Act. Further, it is submitted that the petitioner is in custody since 29.04.2022, is a person with clean antecedent and charge-sheet has been submitted in the case.

Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, SC/ST Act, Patna, in connection with Rupaspur P.S. Case No. 228 of 2022. (Khatim Reza, J) shanu/- U T