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Patna High CourtCR. MISC./63615/2023allowed

Meera Devi @ Mira Devi v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63615 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== MEERA DEVI @ MIRA DEVI W/o Kanhaiya Krishna R/o vill - Dharupur, P.S. - Bikramganj, Distt. - rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramashray Roy For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 316, 317, 120B/34 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner is that she was caught by villagers while she was trying to throw a newly born child in mud with intention to kill her. The newly born child was died during treatment. Accordingly, the present FIR was lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is submitted vide para 6 & 8 of the petition that the petitioner is a poor lady and works as

Patna High Court CR. MISC. No.63615 of 2023(2) dt.10-10-2023 2/2 maid servant in Pragati Clinkic, Bikramganj, and it is not sustainable in the eye of law that the petitioner was going to throw the newly born child into the river. There is no any eye witness to the alleged occurrence as such, the allegation against petitioner is false and fabricated. The petitioner has has got no criminal antecedent as stated in para-3 of the bail petition and is languishing in judicial custody since 22.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bikramganj P.S. Case No. 87 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge IX, Rohtas at Sasaram. (Sunil Kumar Panwar, J) Amandeep/- U T