Kaushalya Devi @ Kaushaliya Devi @ Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62868 of 2023 Arising Out of PS. Case No.-50 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== Kaushalya Devi @ Kaushaliya Devi @ Sushila Devi W/O Dhiba Das R/O Village- Dighra, Ps. Laxmipur, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kahkashan Alam For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code. As per prosecution case, the informant who is chowkidar alleged that on 23.02.2022, he got information with regard to a dead body lying in the house of Dhiba Das, who is eldest son-in-law of Dhiba Das and villagers informed him that some hot exchange of words took place between the father-in-law and son-in-law and thereafter Dhiba Das, Renu Devi and some unknown persons killed him by means of sharp cut weapon and all of them left the house.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.62868 of 2023(2) dt.05-10-2023 2/2 the petitioner is innocent and has committed no offence. The petitioner is not named in the F.I.R. The petitioner is the wife of Dhiba Das due to which she has falsely been implicated in this case. She has no concern with alleged occurrence. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The F.I.R. named co-accused namely, Renu Devi has already been enlarged on bail by another coordinate Bench of this Court vide order dated 24.03.2023 passed in Cr. Misc. No.62589 of 2022. It is also submitted that petitioner is an old lady and she is languishing in judicial custody since 27.11.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Laxmipur P.S. Case No. 50 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -IV, Jamui. (Sunil Kumar Panwar, J) lata/- U T