Patna High CourtCR. MISC./63369/2024bail granted

Sita Devi v. The State Of Bihar

2024-09-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63369 of 2024 Arising Out of PS. Case No.-880 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Sita devi W/O Sunil Mahto R/O Village- Bakaur Parsauni, Ward No. 1, P.S and Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends her arrest in connection with Supaul P.S. Case No. 880/2023 for the offences punishable under Sections 341/323/328/302/34 of the Indian Penal Code.

3. The deceased was taken to the hospital after she was administered poison. In the hospital, she was recovering and she has not made any statement against the petitioner. Subsequently, she died in the hospital and her dead body was taken to the house by one of the petitioner and other co-accused and thereafter, they have cremated the deceased. The viscera of the deceased has been preserved.

4. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.63369 of 2024(2) dt.11-09-2024 2/2

5. Learned counsel for the petitioner submits that the police has exonerated the petitioner while submitting the final form and has not chargesheeted the petitioner.

6. Considering the facts and circumstances of the case, this application is allowed.

7. Let the petitioner in the event of her arrest or surrender before the Court below within six weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-I, Supaul in connection with Supaul P.S. Case No. 880/2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sandeep Kumar, J) Saif/- U T