Sakina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74894 of 2022 Arising Out of PS. Case No.-107 Year-2022 Thana- KURSAKANTA District- Araria ====================================================== SAKINA DEVI Wife of Late Pankaj Singh, D/o Dinesh Singh R/v- Dubba, Tola Siktiya, Ward No. 1, P.S.- Sonamani Godown (K.K.), District- Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Adv.
:
Mr. Vijay Anand, Kumar Rajdeep, Adv.
For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B)/34 of the Indian Penal Code.
As per prosecution case, the informant alleged that the marriage of his son namely, Pankaj Kumar was performed with this petitioner Sakina Devi but just after his son came to know that his wife is entangled with co-accused Arbind Kumar Singh. It is further alleged that when the informant's son went to maike of his wife on 10.6.2022, he was committed murder by the accused persons.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.74894 of 2022(3) dt.04-04-2023 2/3 petitioner is innocent and has committed no offence. The petitioner is wife of the deceased due to which she has falsely been implicated in the present case. There is no eye witness of the alleged occurrence. During investigation, no any consistent material has come against the petitioner to show his complicity in the alleged offence. The entire prosecution hings around merely on suspicion. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is a lady and languishing in judicial custody since 12.6.2022.
Learned APP appearing for the state has opposed the prayer of regular bail and submitted that according to postmortem report, the cause of death of the deceased is asphyxia as a result of drowning.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kursakanta P.S. Case No. 107 of 2022 on furnishing bail bond of Rs.10,000/- (ten
Patna High Court CR. MISC. No.74894 of 2022(3) dt.04-04-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st Araria.
(Sunil Kumar Panwar, J) Amandeep/- U T