Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59647 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- BELHAR District- Banka ====================================================== SARITA DEVI W/O BHIM YADAV R/O VILLAGE- NIMIYA, PS. BELHAR, DIST. BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 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, 307, 326, 504, 506/34 of the Indian Penal Code and section 27 of the Arms Act. It is a case of commission of murder to the informant's husband, namely, Ramchandra Yadav by gunshot injury by several accused persons including the petitioner. Mother-in-law of the informant, namely, Sakari Devi also sustained gun shot injury in her right knee of the leg. 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. Specific allegation of opening fire is against Rajesh Yadav, with whom petitioner has

Patna High Court CR. MISC. No.59647 of 2023(3) dt.09-10-2023 2/2 developed illicit relationship. Only on the basis of suspicion, the name of the petitioner has been dragged in the present case. During investigation, no consistent material has come against the petitioner to show his 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 29.08.2023 passed in Cr. Misc. No. 56065 of 2023. Petitioner has got no criminal antecedent and she is languishing in judicial custody since 25.4.2023.

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 CJM, Banka in connection with Belhar P.S. Case No. 209 of 2023. (Sunil Kumar Panwar, J) sushma/- U