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Patna High CourtCR. MISC./70176/2023allowed

Juli Devi v. The State Of Bihar

2024-03-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70176 of 2023 Arising Out of PS. Case No.-76 Year-2023 Thana- PARWALPUR District- Nalanda ====================================================== JULI DEVI W/O LATE DOMAN KEWAT VILLAGE- DHANAWA, PSPARWALPUR, DIST- NALANDA, PRESENTLY RESIDING AT ABDULACHAK, PS- GOPALPUR, DIST- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhimanyu Deo, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 306 and 34 of the IPC. 3.

Allegedly, the petitioner is said to have murdered the son of the informant. Petitioner was the wife of deceased. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no eye-witness to the alleged occurrence. It is further submitted that the petitioner and

Patna High Court CR. MISC. No.70176 of 2023(4) dt.19-03-2024 2/2 the deceased husband used to live separately and earlier the petitioner has filed a complaint case bearing Complaint Case No.1849(C) of 2021 against the deceased and his family before the CJM, Patna and since then, she is living in Patna and has never been taken back to her matrimonial house by the deceased husband. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Parwalpur P.S. Case No.76 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T