Antara Devi @ Antar Devi @ Rinki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71851 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- DHANARUA District- Patna ====================================================== ANTARA DEVI @ ANTAR DEVI @ RINKI DEVI WIFE OF VIDYA NAND PRASAD RESIDENT OF VILLAGE- CHHOTHI MATH, P.S.- DHANARUA, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudal Singh For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the informant alleged that while he was sleeping with his wife, found two persons entered and shot his wife twice which proved fatal. He has held his family members which includes Sukhdev Prasad (his brother), Vidyanand Prasad (nephew) as also petitioner for killing as they were eyeing on his land, he being childless and had adopted one of his another nephew, Uttam Kumar.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.71851 of 2023(3) dt.08-12-2023 2/3 that petitioner has been falsely implicated in this case due to dirty village politics. She has committed no offence. There is no consistent evidence and no eye-witness of the alleged occurrence. On the basis of suspicion, petitioner has been implicated in the present case. There is no specific overt act against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 23.11.2023 passed in Cr. Misc. No. 73309 of 2023. She is languishing in judicial custody since 16.04.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that the petitioner's husband confessed the guilt of this petitioner.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, period of custody as well as being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to
Patna High Court CR. MISC. No.71851 of 2023(3) dt.08-12-2023 3/3 the satisfaction of the learned Additional Sessions Judge-II, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 178 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T