Patna High CourtCR. MISC./58375/2022allowed

Horila Devi v. The State Of Bihar

2023-01-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58375 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- KATORIYA District- Banka ====================================================== HORILA DEVI Wife of Moti Yadav R/V- Rangapathar, P.S- Katoriya, DistBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Rajiv Nayan, App,231 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Katoriya P.S. Case No. 97 of 2022 registered for the offence under Sections 304(B), 328/34 of the Indian Penal Code. Allegation against the petitioner is that she along with co-accused persons committed murder of the informant's daughter by giving her poison.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is mother-in-law of the deceased due to which she has falsely been implicated in this case. It is further submitted that the petitioner has no concern mess and business of the deceased and her husband and she was living separately from deceased

Patna High Court CR. MISC. No.58375 of 2022(2) dt.18-01-2023 2/2 and her husband (Co-accused). A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 4.4.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Katoriya P.S. Case No. 97 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/concerned court.

(Sunil Kumar Panwar, J) amandeep/- U T