Basundhara Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79300 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Basundhara Devi Wife Of Chhotelal Giri R/O Village- Gamahariya, P.S.- Adapur, District- East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP For the Informant :
Mr. Krishna Murari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2024
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has preferred this application for grant of regular bail in connection with Bargainia P.S. Case no. 145 of 2023 registered under sections 302, 120B and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the petitioner called her son and thereafter he was killed. The informant states that he is convinced that the accused persons including the petitioner have a hand in the killing of his son.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.79300 of 2023(3) dt.07-03-2024 2/3 petitioner has been falsely implicated in the case. There is no eyewitness to the alleged occurrence. No material has transpired in course of investigation to connect the petitioner, who is a lady, with the alleged crime. She is in custody since 8.8.2023 and co-accused Chhotelal Giri @ Chhoelal Giri and Urmila Devi have been enlarged on anticipatory bail vide order dated 5.3.2024 passed in Cr. Misc. no. 78952 of 2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that it was the petitioner who called the son of the informant and soon thereafter he was killed.
7. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the contents of the material that has transpired in course of investigation, grant of anticipatory bail to the above named two co-accused persons, the petitioner having remained in custody for 7 months since 8.8.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bargainia P.S. Case no. 145 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.79300 of 2023(3) dt.07-03-2024 3/3 the learned Chief Judicial Magistrate, Sitamarhi. (Partha Sarthy, J) Harsh/- U T