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Patna High CourtCR. MISC./57890/2022allowed

Devanti Devi @ Hemanti Devi v. The State Of Bihar

2023-02-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57890 of 2022 Arising Out of PS. Case No.-653 Year-2021 Thana- BIHTA District- Patna ====================================================== DEVANTI DEVI @ HEMANTI DEVI Wife of Nagendra Manjhi R/VAdlipur Musahari, P.S- Bihta, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 201, 120(B)/34, 363, 365 of the Indian Penal Code.

Prosecution case relates to abduction of the informant's son and thereafter his dead body was found and then the FIR was lodged against unknown.

It is submitted by learned counsel for the petitioner thatpetitioner is innocent and has been falsely implicated in this case. At the instance of co-accused Sujit Kumar, Nagendra Manjhi and Runa Devi, dead body of the deceased was recovered. No one is eye witness of the occurrence and there is no direct allegation of overt act against the petitioner. In

Patna High Court CR. MISC. No.57890 of 2022(3) dt.20-02-2023 2/2 confessional statement of co-accused Runa Devi, name of the petitioner has come, which has no evidentiary value in the eye of law. Petitioner is languishing in judicial custody since 06.11.2021.

The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI, Danapur, Patna in connection with S.T. No. 67 of 2022, Bihta Neora (O.P.) P.S. Case No. 653 of 2021.

(Sunil Kumar Panwar, J) sushma/- U