Rabina Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55172 of 2023 Arising Out of PS. Case No.-575 Year-2020 Thana- RANIGANJ District- Araria ====================================================== RABINA KUMARI D/O UMESH SAH R/O VILLAGE- NAGARAHI, WARD NO. 10, PS. RANIGANJ, DIST. ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Yadav For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Raniganj P.S. Case No. 575 of 2020 dated 24.12.2020 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons along with some unknown miscreants are alleged to have committed murder of the informant's brother, Munna Shah by strangulating him.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.55172 of 2023(2) dt.31-08-2023 2/2 this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There was love affair between the deceased and the petitioner. No specific overt act was attributed against the petitioner. The petitioner is a lady. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.4.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The Post-Mortem Report shows that the cause of death is due to Asphysia as a result of strangulation.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the petitioner being lady, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Raniganj P.S. Case No. 575 of 2020.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T