Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70618 of 2022 Arising Out of PS. Case No.-629 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RITA DEVI W/o Late Patali Ram R/o Village- Kukuradh, P.S.- Sonhan, DisttKaimur (Bhabhua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Sunil, Advocate.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bhabhua (Sonhan) P.S. Case No. 629 of 2022 dated 25.09.2022 registered for the offences punishable u/s 147, 148, 149 and 302 of the Indian Penal Code. As per the prosecution case, the petitioner, her son namely Arun Ram and 4-5 unknown persons having lethal weapons came to the hut of the informant and started brutally assaulting her husband due to which the husband of the informant died on the spot. It is further alleged that the petitioner wanted to have illicit relationship with the informant's

Patna High Court CR. MISC. No.70618 of 2022(2) dt.19-04-2023 2/2 husband and also wanted to grab her husband's property. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. There is general and omnibus allegation against the petitioner. There is no eye-witness in this case. The name of the petitioner has been dragged in this case on mere suspicion. The petitioner who is a lady has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.10.2022. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and the petitioner being lady as well as nature of allegation, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur, Bhabhua in connection with Bhabhua (Sonhan) P.S. Case No. 629 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T