Patna High CourtCR. MISC./64338/2022bail granted

Seema Devi v. The State Of Bihar

2023-02-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64338 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== SEEMA DEVI Wife of Rudal Basfore Resident of Village- Risaura, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Maharajganj P.S. Case No. 186 of 2022 registered for the offences punishable under Sections 302, 201, 120(B), 34 of the Indian Penal Code.

As per the prosecution, the informant's brother was suffocated to death by this petitioner and her associates over previous enmity.

The main submissions advanced by the learned counsel for the petitioner are that in the FIR there is a general and omnibus allegation against the petitioner who is a Pardanashin lady having no criminal antecedent, the entire prosecution story as narrated in the FIR is completely based on

Patna High Court CR. MISC. No.64338 of 2022(2) dt.28-02-2023 2/2 suspicion and there is no eye-witness of the alleged occurrence and neither informant nor son of the deceased claimed to have seen the alleged occurrence and petitioner's husband and son-inlaw have also been implicated in this case merely on suspicion on account of previous enmity.

Learned APP appearing for the State has opposed the bail prayer.

Considering the aforesaid facts and mainly the nature of allegation which is completely based on suspicion and moreover the petitioner is a lady, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Maharajganj P.S. Case No. 186 of 2022. (Shailendra Singh, J) Rajiv/- U T