Patna High CourtCR. MISC./73727/2023allowed

Sita Devi v. The State Of Bihar

2024-02-12Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73727 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- JOGBANI District- Araria ====================================================== SITA DEVI, W/o RAMJI RAJAK, R/o village - Nirpur, Ward no. 17, P.S. - Jogbani, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Informant :

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

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks regular bail in connection with Jogbani P.S. Case No. 171 of 2023 for the offence registered under Sections 302, 201, 120(B), 34 of the I.P.C.

3. As per allegation in the FIR, under conspiracy petitioner along with other accused persons killed the son of the informant by throttling due to previous enmity.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case only on the basis of suspicion. There is no eye witness of the alleged occurrence. During investigation, no cogent material found against the petitioner. Similarly situated

Patna High Court CR. MISC. No.73727 of 2023(3) dt.12-02-2024 2/2 co-accused has already been granted regular bail by a coordinate Bench of this Court vide order dated 31.11.2023 passed in Cr. Misc. No. 75891 of 2023. Petitioner is in jail custody since 02.07.2023. Petitioner has no criminal antecedent.

5. Learned counsel appearing on behalf of the informant as well as the State oppose the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, 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 the satisfaction of the learned ACJM- V, Araria in connection with Jogbani P.S. Case No. 171 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U T