Prabhawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80819 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- DARPA District- East Champaran ====================================================== Prabhawati Devi W/O Birbal Patel Village- Mahuawa Purainiya, P.S. Darpa, District, East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Darpa P.S. Case No. 82 of 2023 registered for the offence under Sections 302 and 201 of IPC.

3. As per the allegation made in FIR, informant came to his house and enquire about his son, namely, Arpit Patel from his wife, to which the wife of informant stated that he is playing outside with children. Thereafter, the informant tried to search his son but he could not found his son.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He is custody since 30.08.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

Patna High Court CR. MISC. No.80819 of 2023(3) dt.18-03-2024 2/2

6. On perusal of the FIR, case diary alongwith post mortem report, it appears that petitioner is not named in the FIR and during course of investigation, the name of the petitioner was surfaced and the statement of witness Kanti Devi the mother of deceased on suspicion basis and in the entire case diary there is no eye witness examined during investigation and only suspicion against the petitioner for committing murder of deceased and the cause of death of the deceased according to the postmortem report is due to Asphyxia pressure over neck.

7. Considering the aforesaid facts and circumstances of the case and also taking into account the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Raxaul at Motihari, East Champaran in connection with Darpa P.S. Case No. 82 of 2023. (Ramesh Chand Malviya, J) saurabhkr/- U T