Patna High CourtCR. MISC./79829/2023allowed

Fulwa Kunwar @ Fulwa Devi v. The State Of Bihar

2024-02-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79829 of 2023 Arising Out of PS. Case No.-226 Year-2023 Thana- BIHTA District- Patna ====================================================== FULWA KUNWAR @ FULWA DEVI Wife of Late Jitendra Manjhi R/o vill - Bishambharpur Balupar, P.S. - Bihta, Distt. - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. It is a case of commission of murder of the informant's husband Raushan Kumar who had illicit relation with the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. The informant has raised only suspicion against the petitioner regarding murder of her husband. No one is eye witness of the alleged occurrence. No any consistent material has come against the petitioner. Other

Patna High Court CR. MISC. No.79829 of 2023(3) dt.29-02-2024 2/2 co-accused persons have already been enlarged on bail granted by a co-ordinate Bench of this Court vide order dt. 23.8.2023 passed in Cr. Misc. No. 53817 of 2023. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is a lady and languishing in judicial custody since 7.3.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Bihta P.S. Case No. 226 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-III, Danapur.

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