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Patna High CourtCR. MISC./51796/2022bail granted

Chandra Rekha Devi v. The State Of Bihar

2023-02-13Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51796 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- JAMALPUR District- Darbhanga ====================================================== Chandra Rekha Devi W/O Late Baiju Mukhiya Resident of village- Parshahi, P.S.- Jamalpur (Bargaon O.P.), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-02-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Jamalpur (Bargaon OP) P.S. Case No. 56/2022 registered for the offence punishable under Section 302 of the Indian Penal Code. As per the prosecution, the informant's son had gone to his matrimonial house on 10.05.2022 and upon reaching there he was found hanging with a rope.

The main submissions advanced by learned counsel Mr. Virendra Kumar appearing for the petitioner are that the petitioner is not named in the FIR and she is wife of the deceased and as per the FIR, the main allegation is against the

Patna High Court CR. MISC. No.51796 of 2022(2) dt.13-02-2023 2/2 father of the petitioner and the police submitted chargesheet under Section 306 r.w. 34 of the Indian Penal Code concluding the death of the deceased having occurred due to suicide and the investigation has been completed against the petitioner and he has been languishing in jail since 15.06.2022. Learned APP Mr. Bharat Lal appearing for the State has opposed the bail prayer.

Having considered the above submissions and mainly the petitioner's custody period and also the fact that in the FIR there is no allegation against the petitioner, this Court is inclined to release the petitioner on regular bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Jamalpur (Bargaon OP) P.S. Case No. 56/2022. (Shailendra Singh, J) annu/- U T