Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56851 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- PANAPUR District- Saran ====================================================== Lalita Devi W/O Dudhnath Rai R/O Village Chanda, P.S. Marhaura, Dist. Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Aishwarya Shree For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case in nutshell is that informant, being Chaukidar, got information about a dead body of a lady has been found and it was covered in soil in order to conceal the evidence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and she has

Patna High Court CR. MISC. No.56851 of 2023(3) dt.04-12-2023 2/3 falsely been implicated in the present case only on the basis of suspicion. During investigation, Nitesh Kumar identified the body as the body of his wife. Petitioner is not named in the F.I.R. On the basis of confessional statement of Nitesh Kumar and Anita Devi, petitioner has been roped in this case. It is further submitted that in the postmortem report, it is mentioned that deceased was not pregnant, which is not corroborating the prosecution version. There is no eye witness of the alleged offence. Moreover, the petitioner is languishing in judicial custody since 07.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.56851 of 2023(3) dt.04-12-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Pannupur P.S. Case No. 36 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran. (Sunil Kumar Panwar, J) Nirajkrs/- U T