Babiya Devi @ Pabiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65549 of 2024 Arising Out of PS. Case No.-736 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Babiya Devi @ Pabiya Devi Wife of Sahdeo Yadav Resident of MohallaEkama Ward No. 1, P.S. and District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sessions Trial No. 133 of 2024 arising out of Supaul P.S. Case No. 736 of 2023, registered for the offences punishable under Sections 302, 201 and 120(b) of the IPC. 3.The informant alleged that his son was taken away by her sister's son along with some unknown persons on the pretext of getting employment. It is further alleged that when the son of the informant did not come then she called this petitioner for getting the clue about her son but she did not get any knowledge in this regard. The informant further alleged that the petitioner along with others had killed his son under conspiracy.

4. Learned counsel for the petitioner submits that the FIR

Patna High Court CR. MISC. No.65549 of 2024(2) dt.23-09-2024 2/2 itself discloses that the son of the petitioner namely, Chotiya Yadav had taken the deceased. The petitioner is innocent and has been made accused in the present case merely because she is the mother of main accused Chotiya Yadav. She is a lady of clean antecedent and informant is her own sister and there is some property dispute between them. The petitioner is under custody since 24.03.2024.

5. On the other hand, learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances especially the fact that the petitioner is the lady of clean antecedent and she is under custody since 24.03.2024, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VIII, Supaul in connection with Sessions Trial No. 133 of 2024 arising out of Supaul P.S. Case No. 736 of 2023, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court. (Nawneet Kumar Pandey, J) priyanka/- U T