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Patna High CourtCR. MISC./59695/2023allowed

Pinki Kumari @ Kari v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59695 of 2023 Arising Out of PS. Case No.-248 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== PINKI KUMARI @ KARI Wife of Guddu Yadav R/o vill - Pathra, P.S. - Mohanpur, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302 and 120(B) of the Indian Penal Code.

It is a case of commission of murder by strangulating to the informant's brother, namely, Yogendra Kumar by FIR named accused persons. On next day, his dead body was found lying in a field.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner dragged in the present case. Petitioner is a l9 years old lady. During investigation, no

Patna High Court CR. MISC. No.59695 of 2023(2) dt.08-09-2023 2/2 consistent material has come against the petitioner to show her involvement in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 9.12.2022 passed in Cr. Misc. No. 49078 of 2022. Petitioner has got no criminal antecedent and languishing in judicial custody since 21.3.2023.

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 District and Sessions Judge Sherghati Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 248 of 2022.

(Sunil Kumar Panwar, J) sushma/- U