Sumitra Devi @ Sumintra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.236 of 2023 Arising Out of PS. Case No.-327 Year-2022 Thana- KONCH District- Gaya ====================================================== 1.

Sumitra Devi @ Sumintra Devi Wife Of Anuj Kumar Yadav @ Anuj Kr. Yadav Resident Of Village - Shitalgarh, P.S.- Anti (Konch), District - Gaya 2.

Shobha Devi Wife of Suryamal Yadav @ Suryamani Yadav Resident of village - Shitalgarh, P.S.- Anti (Konch), District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manisha Prakash For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. The prosecution case as per F.I.R is that on 16.07.2022 at about 11:00 P.M, co-accused Amit Kumar called on the mobile of the brother of the informant and thereafter he along with 4-5 unknown persons have

Patna High Court CR. MISC. No.236 of 2023(4) dt.19-05-2023 2/3 killed his brother by strangulating his neck and thereafter cut his neck and threw it 7 KM away from his house near Amba canal.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners are not named in the F.I.R and their names sprang up only on the basis of suspicion. The specific accusation of calling the victim is against Amit Kumar. The informant is not the eye witness to the occurrence. The petitioners have still not been put on T.I.P. There is no consistent material evidence to connect the petitioners with the alleged crime. The petitioners are ladies and languishing in custody since 18.07.2022.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial

Patna High Court CR. MISC. No.236 of 2023(4) dt.19-05-2023 3/3 Magistrate, 1st Class, Gaya in connection with Konch P.S. Case No. 327 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T