Raiphool @ Raiphool Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70785 of 2021 Arising Out of PS. Case No.-102 Year-2021 Thana- TISIAUTA District- Vaishali ====================================================== Raiphool @ Raiphool Khatoon W/o Md. Jalil Resident of Village- Vijrauli, P.S.- Tisiauta, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Soni For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 302 / 34 of the Indian Penal Code. As per the prosecution case, the F.I.R. named accused persons including this petitioner alongwith 8 - 10 unknown persons assaulted the husband of informant with stick and sword, as a result of which, he died on way to hospital. It is submitted on behalf of petitioner that petitioner is lady and has got no concern either with the deceased or informant and only due to village politics, she has been falsely implicated in the present case. It is further submitted that while the informant came to know about the true fact, she herself filed a petition before the court below on 08.09.2021 (Annexure - 2 to the petition) stating therein that she lodged the present case against petitioner and others after death of her husband due to wrong information supplied to her. It is next submitted that there

Patna High Court CR. MISC. No.70785 of 2021(3) dt.21-03-2022 2/2 is no specific allegation of overt act against this petitioner and she is rotting in jail since 28.08.2021. Investigation is complete. Learned A.P.P. for the State has opposed the bail petition.

Considering the fact that petitioner is lady and there is no specific allegation against her as well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 102 of 2021.

(Prabhat Kumar Singh, J) anay/- U T