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Patna High CourtCR. MISC./58768/2024allowed

Rekha Devi v. The State Of Bihar

2024-10-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58768 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== Rekha Devi S/O Sogarath Sah Resident of Village- Raima, P.S.- Saharghat, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Sah, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP For the Informant :

Mr. Randhir Kr. No. 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. 2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 302, 201 of IPC and Section 27 of Arms Act.

3.

As per prosecution case, a dead body of unknown woman was recovered from a deserted place at Indo-Nepal Border and it was found that she was shot dead.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence, in the manner, has ever taken place. She has been falsely implicated in this case. Petitioner is the mother-in-law of the deceased. She is not named in the FIR and has been made accused in this case on the basis of statement of the grandfather of the deceased and confessional statement of

Patna High Court CR. MISC. No.58768 of 2024(4) dt.25-10-2024 2/2 an apprehended person. It is submitted that charge has been framed. The petitioner has two criminal antecedent and is under custody since 08.06.2024.

5.

Learned APP for the State and learned counsel for the informant opposed the prayer for bail.

6.

Considering the facts and circumstances of this case and the fact that charge has been framed, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Harlakhi P.S. Case No. 198 of 2023 with the following condition:- (1) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, her bail bonds shall be liable to be cancelled by the learned court concerned. (Anjani Kumar Sharan, J) priyanka/- U T