Muskan Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66183 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Muskan Kumari W/O Ranjit Bind, D/O Umesh Bind Resident of VillageKhagaur, P.S.- Kiul District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Kiul P.S. Case No. 27 of 2022 registered for the offence under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.
The accused/petitioner is not named in the F.I.R. and is in custody since 13.09.2022.
The allegation against the petitioner is to commit murder of the father-in-law of the informant, along with other named co-accused persons by causing firearm injuries due to previous enmities arises out of local dispute and differences.
Patna High Court CR. MISC. No.66183 of 2022(2) dt.24-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of this petitioner surfaced on the basis of confessional statement of co-accused, namely, Md. Raja, in furtherance of which no incriminating material was recovered to connect this petitioner, prima facie, with present set of occurrence. It is further submitted that said allegation is specific against named co-accused persons, where name of this petitioner surfaced during the course of investigation. It is also submitted that similarly situated co-accused, namely, Sujit Kumar has already been granted bail by one of the learned Coordinate Bench of this Court through Cr. Misc. No. 52149 of 2022, vide order dated 16.12.2022. While concluding the argument, it has been submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as petitioner is a lady having clean antecedent, where no incriminating material surfaced during the course of investigation coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be
Patna High Court CR. MISC. No.66183 of 2022(2) dt.24-12-2022 3/3 released on bail in connection with Kiul P.S. Case No. 27 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T