Patna High CourtCR. MISC./81786/2023bail granted

Mala Devi v. The State Of Bihar

2024-03-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81786 of 2023 Arising Out of PS. Case No.-417 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Mala Devi wife of Gautam Kumar Village- Wade Saidpur Ps- Jagdishpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shashi Priya Pathak, Advocate Mr.Ambrish Kumar Jha, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 417/2020 lodged on 08.12.2020 under Section302/120B of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against two unknown accused persons with an allegation of killing the husband of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The FIR has been lodged against the unknown and the petitioner is the daughter-in-law of the deceased. There is one criminal case

Patna High Court CR. MISC. No.81786 of 2023(3) dt.05-03-2024 2/2 pending against her and she is in custody since 23.04.2021. The name of the petitioner has been figured in this case only on the basis of suspicion as well as on the basis of the confessional statement of the co-accused. From the record, it transpires that the charge has already been framed and three witnesses have been examined.

5. Learned counsel for the State opposes the prayer for bail and submits that the husband of the petitioner has disclosed the name of the petitioner who is involved in the commission of a crime.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-8th, Bhagalpur , subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T