Patna High CourtCR. MISC./68737/2023allowed

Soni Devi v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68737 of 2023 Arising Out of PS. Case No.-184 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Soni Devi Wife Of Late Magan Yadav Resident Of Village - Shahimchak, Police Station - Bakhtiyarpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 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 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per FIR, unknown persons fired upon the informant's son due to which he sustained injuries and later on he died during the course of treatment. Informant raised suspicion that co-accused committed murder of the informant's son in connivance with this petitioner.

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. No any eye witness of the alleged occurrence and also nothing consistent material has

Patna High Court CR. MISC. No.68737 of 2023(4) dt.07-02-2024 2/2 come against the petitioner to commit murder of the informant's son by shot fire. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.05.2023.

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 that petitioner being a lady and her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khushrupur P.S. Case No. 184 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 Judicial Magistrate, 1st Class, Patna City.

(Sunil Kumar Panwar, J) Shubham/- U T