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Patna High CourtCR. MISC./64606/2022bail granted

Marni Devi v. The State Of Bihar

2023-03-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64606 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- BALIYA District- Begusarai ====================================================== 1.

MARNI DEVI W/O HARERAM PASWAN Resident of Village- Ambedkar Nagar, Ward no- 01, P.S.- Balia, District- Begusarai. 2.

HARERAM PASWAN S/O GULO PASWAN Resident of VillageAmbedkar Nagar, Ward no- 01, P.S.- Balia, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-03-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners have preferred this application for grant of regular bail in a case registered u/s 302, 120B read with section 34 of the Indian Penal Code.

As per the prosecution case, the petitioners and the co-accused persons are alleged to have committed murder of the informant's daughter. Prior to the said occurrence the co-accused Pradeep Paswan kidnapped the deceased for which Ballia P.S.

Patna High Court CR. MISC. No.64606 of 2022(2) dt.23-03-2023 2/3 Case No. 43 of 2022 was registered against the co-accused and after release from the jail, Mukhia and Sarpanch of the said Panchayat got marriage of Anuska Kumari solemanized with the co-accused Pradeep Paswan.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Learned counsel has submitted that there is love affairs between the deceased and the co-accused Pradeep Paswan. The petitioners are made accused in this only because they are the mother and father of the co-accused Pradeep Paswan. There is general and omnibus allegation against the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 08.08.2022.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Balia P.S. Case

Patna High Court CR. MISC. No.64606 of 2022(2) dt.23-03-2023 3/3 No. 159 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T