Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64962 of 2023 Arising Out of PS. Case No.-400 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Anita Devi, aged about 38 years, Female, Wife of Dinesh Thakur, Resident of Village- Jamala, Ward No. 2, P.S-. Muffasil Motihari, Distt- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bal Govind Sharma, Advocate For the Opposite Party :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Muffasil P.S. Case No. 400 of 2023 dated 31.05.2023 registered for the offence punishable under Sections 302/34 and 201 of the I.P.C.

3. As per the prosecution case, on 31.05.2023 at about 5.00 P.M., the informant, namely, Radha Devi, came to know that the dead body of her husband, namely, Ramesh Kumar, is lying in bushes near Jamla Brahm Baba. Thereafter, she alongwith her family members went there and found the dead

Patna High Court CR. MISC. No.64962 of 2023(2) dt.12-10-2023 2/3 body of her husband. Thereafter, she came to know that on 29.05.2023 at about 8.30 P.M., accused Tabrej Mian had brought her husband from his shop. She is confident that the accused Tabrej Mian alongwith his associates has committed murder of her husband and concealed the dead body.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent, as stated in paragraph no. 3 of the bail petition. The petitioner is not named in the F.I.R. Her name has sprang up in the present case on the basis of the confessional statement of the co-accused, namely, Nazir Alam. The petitioner is a lady and she is in custody in this case since 17.06.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, East Champaran, Motihari, in connection with Motihari Muffasil P.S. Case No. 400 of 2023.

Patna High Court CR. MISC. No.64962 of 2023(2) dt.12-10-2023 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T