Rimjhim Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70662 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Rimjhim Devi W/o- Late Dilkhush Pandit R/o Village-Rahta ward No.22,P.SUdakishanganj, District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Udakishunganj P.S. Case No. 69 of 2024 instituted for the offence under Sections 302, 120(B) & 34 of the Indian Penal Code.

3.

As per prosecution case, allegation against the petitioner-who is gotini of the informant-has committed murder of the newly born son of the informant aged about two years by injecting poisonous needle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-03-2024. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.70662 of 2024(4) dt.18-12-2024 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case only on the basis of suspicion. There is no eye witness to the occurrence. It is submitted that though it is alleged that petitioner had earlier also threatened the informant that she will kill her son, but in this regard, no compliant was lodged. It is lastly submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that petitioner has confessed her guilt, which fact finds mention at paragraph No. 14 of the case diary. It is next submitted that confessional statement of the petitioner leaded to recovery of needle which was used for the occurrence. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.70662 of 2024(4) dt.18-12-2024 3/3 Court below/concerned Court in connection with Udakishunganj P.S. Case No. 69 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T