Ranjana Devi @ Ranju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.54646 of 2022 Arising Out of PS. Case No.-92 Year-2020 Thana- RAJAON District- Banka ====================================================== Ranjana Devi @ Ranju Devi Wife of Shankar Harijan R/V- Punsia, Kamalpur, PS- Rajoun Dist- Banka ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by the Stamp Reporter within two weeks.
Heard learned counsel for the petitioner and Mr. Nagendra Prasad, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Sessions Trial No. 195 of 2022 arising out of Rajoun P.S. Case No. 92 of 2020 registered for the offences punishable under Section 302 and 201/34 of the Indian Penal Code. She is in custody since 15.03.2022. She has no criminal antecedent.
Learned counsel for the petitioner submits that the allegation against the petitioner is that she along with others killed the infant daughter of the informant by smothering her
Patna High Court CR. MISC. No.54646 of 2022(2) dt.16-12-2022 2/3 and concealed the dead body of the infant.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that the name of the petitioner has transpired in the confessional statement of Sunny Kumar who is one of the brothers of the informant. It is submitted that the petitioner is in custody since 15.03.2022 having no criminal antecedent.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Having regard to the facts and circumstances of the case wherein it is submitted that this petitioner is the grandmother of the deceased child and her name has transpired in the confessional statement of Sunny Kumar who is one of the brothers of the informant and save and except the said confessional statement of the co-accused, there is no other material to connect the petitioner with the alleged occurrence and her implication is only because of the family dispute, she has remained in custody since 15.03.2022, investigation against her is complete and her presence may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty
Patna High Court CR. MISC. No.54646 of 2022(2) dt.16-12-2022 3/3 Five Thousand only) with two sureties of the like amount each to the satisfaction of learned ADJ-III, Banka in connection with Rajoun P.S. Case No. 92 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.
Certified copy of this order shall be made available only after removal of the defects.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T