Siraji Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59780 of 2022 Arising Out of PS. Case No.-136 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== SIRAJI DEVI WIFE OF LATE GUNILAL SINGH Resident of VillageBardaha, Ward No.- 04, P.S.- Narpuatganj, District- Araria, (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Bhushan Das, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Narpatganj, P.S. Case No. 136 of 2019, G.R. No. 781 of 2019, registered for the offences punishable under Sections 365/ 34 and added Sections 302,201 and 120(B) of the Indian Penal Code.

The allegation levelled by the informant, who is the grandfather of the deceased victim lady is that his grand daughter was kidnapped by her maternal grand mother, maternal uncle and maternal cousin grandfather

Patna High Court CR. MISC. No.59780 of 2022(2) dt.16-01-2023 2/3 and others on 05.03.2019, whereafter they had killed her.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case, she is having a clean antecedent and she is languishing in custody since 30.05.2022. The learned counsel for the petitioner has further submitted that the petitioner is the maternal grandmother of the deceased victim lady and has got nothing to do with the alleged occurrence. It Is further submitted that similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court vide orders dated 16.10.2019 and 09.11.2020 passed in Criminal Miscellaneous No. 46435 of 2019 and Criminal Miscellaneous No. 29411 of 2020 respectively. It is next contended that there is no eye witness to the alleged occurrence and the petitioner has been roped in the present case merely on suspicion.

Per contra, the learned APP for the

Patna High Court CR. MISC. No.59780 of 2022(2) dt.16-01-2023 3/3 State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the coaccused persons, who have already been granted bail by co-ordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 136/2019/ GR No.781 of 2019.

(Mohit Kumar Shah, J) kanchan/SonalU T