Patna High CourtCR. MISC./62472/2023allowed

Salma @ Bibi Salma v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62472 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- LODIPUR District- Bhagalpur ====================================================== SALMA @ BIBI SALMA W/O LATE MD. PAPPU R/O VILLAGEMACHIPUR, PS. LODIPUR, DIST. BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Satyendra Narayan 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.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 201, 120B of the Indian Penal Code.

3. As per allegation in the FIR, co-accused Md. Yusuf had taken the deceased to market for purchasing on 10.1.2021 and her dead body was found lying in an open field on next date tied in a gunny bag.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is not the eye witness of the alleged occurrence. Petitioner is a lady and she has got no concern with the family affairs of deceased or her husband. Specific allegation is against

Patna High Court CR. MISC. No.62472 of 2023(2) dt.05-10-2023 2/2 co-accused Yusuf and not against the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 26.5.2022 passed in Cr. Misc. No. 68571 of 2021. Petitioner has got no criminal antecedent and languishing in judicial custody since 29.6.2021.

5. The application for bail is opposed by learned APP for the State.

6. 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 8th Addl. Distt. & Sessions Judge, Bhagalpur in connection with Lodipur PS Case No. 10 of 2021.

(Sunil Kumar Panwar, J) sushma/- U