Hem Lata Devi @ Dropati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72608 of 2021 Arising Out of PS. Case No.-136 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== HEM LATA DEVI @ DROPATI DEVI W/O OM PRAKASH SINGH R/o village- Bardaha, Ward No. 4, P.S.- Narpatganj, District- Araria ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bidhanesh Misra, Advocate For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offences punishable under Sections 365, 302, 201, 120B and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 15.09.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and is a woman.
The informant alleges that his granddaughter (deceased) aged about 18 years used to live with her maternal grandmother since the age of five years, further on 06.03.2019 the informant came to know that his granddaughter is missing, accordingly he visited the place of occurrence and found the
Patna High Court CR. MISC. No.72608 of 2021(2) dt.13-05-2022 2/3 house locked, it is next alleged that on inquiry he came to know that his granddaughter was not seen at home of petitioner since morning, further a search was made by the informant along with his relatives but the victim was not found.
Learned counsel for the petitioner submits that subsequently the dead body of the deceased was found next day buried at river side and the cause of death was recorded asphyxia due to smothering by some hard and blunt substance as recorded in the postmortem report. Learned counsel further submits that informant is not an eyewitness to the occurrence and the entire allegation hinges around suspicion. It is further submitted that co-accused has been granted bail vide order dated 06.01.2021 passed in Cr. Misc. No. 30324 of 2020 (Shambhu Singh Vs. The State of Bihar) Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 15.09.2021, is a woman, is a person with clean antecedent, charge-sheet has been submitted in the case and the co-accused has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.72608 of 2021(2) dt.13-05-2022 3/3 satisfaction of the learned court below where the case is pending/successor court in connection with Narpatganj P.S. Case No. 136 of 2019.
(Satyavrat Verma, J) Rishi/- U T