Patna High CourtCR. MISC./74538/2023bail granted

Sarswati Devi v. The State Of Bihar

2024-02-27Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74538 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== SARSWATI DEVI WIFE OF LATE PHOOL DEV YADAV RESIDENT OF VILLAGE - KAKARGHATI, P.S. - SADAR, DISTRICT - DARBHANGA (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner seeks bail in connection with Sadar P.S. Case No. 178 of 2023 registered for the offence under Section 302, 201/34, 120-B of the Indian Penal Code.

3. As per the prosecution case, the dead body of the deceased was found and FIR was registered against the petitioner and other accused persons.

4. Learned counsel for the petitioner submits that the petitioner is the wife of the deceased and she is innocent. She further submits that no materials have come during investigation to connect the petitioner with the crime except for suspicion. In the Post-mortem report also the doctor has found

Patna High Court CR. MISC. No.74538 of 2023(3) dt.27-02-2024 2/2 that the stomach contained about 300ml of blood stained liquid with acrid smell.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 3.4.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. In view of the above, it appears that the deceased has died due to consuming illicit liquor on the occasion of Holi festival and there is no material against the petitioner.

8. Considering the aforesaid facts, the application of the petitioner for grant of regular bail is allowed.

9. Let the petitioner, above named, 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 learned CJM, Darbhanga in connection with Sadar P.S. Case No. 178 of 2023.

(Sandeep Kumar, J) Vikas/- U T