Daya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79770 of 2024 Arising Out of PS. Case No.-269 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Daya Devi W/o Mual Bind R/o Village- Sonwarsa, P.S.- Ramgarh (Nuaon), District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-01-2025 Heard the parties.

2. The petitioner seeks bail in connection with Ramgarh (Nuaon) P.S. Case No. 269 of 2024 registered for the offence under Sections 103(1), 238(a), 3(5) of the B.N.S. Act.

3. The petitioner is named in the F.I.R.

and is in custody since 05.08.2024.

4. As per the case of prosecution a dead body of a female aged about 14 years found floating in Dharmawati river. The dead body was identified as one Hiramuni Kumari daughter of Mual Bind, resident of village Sonwarsa, P.S. Ramgarh (Nuaon), District-

Patna High Court CR. MISC. No.79770 of 2024(3) dt.22-01-2025 2/3 Kaimur (Bhabhua) and thereafter the dead body was taken for postmortem.

5. Learned counsel appearing on behalf of the petitioner submitted that informant who is a chawkidaar is not an eye witness of the occurrence and this case is purely based upon circumstantial evidences. It is submitted that admittedly dead body was recovered from a river where during the course of investigations it transpires that deceased was in love affairs. It is pointed out that due to suspicion the parents of deceased including this petitioner being mother implicated with present case without having any cogent material. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case is completed, and as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

Patna High Court CR. MISC. No.79770 of 2024(3) dt.22-01-2025 3/3

7. In view of aforesaid facts and circumstances and by taking note of fact as save and except suspicion out of alleged love affairs of the deceased nothing incriminating appears against this petitioner, who is a lady of clean antecedent, accordingly petitioner above named, is directed to be released on bail in connection with Ramgarh (Nuaon) P.S. Case No. 269 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Mohania, Kaimur at Bhabua/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T