Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81279 of 2023 Arising Out of PS. Case No.-291 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Sushila Devi Wife Of Raj Kumar Das Resident Of Mohalla- Adarshnagar, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 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 sections302, 34, 120(B) of the Indian Penal Code but the charge-sheet has been submitted u/s 306 of the IPC.

3. As per prosecution case, it is alleged that the petitioner is indulged in hatching conspiracy to commit murder of the informant's son by strangulation in connivance with others.

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 real fact is that deceased was in love with the petitioner who used to propose the petitioner several times for marriage. On the alleged date of occurrence, the

Patna High Court CR. MISC. No.81279 of 2023(3) dt.06-02-2024 2/2 deceased came at rented house of the petitioner but the petitioner refused his proposal and went to market. When she returned she found the informant's son died. The son of the informant committed suicide himself inside the house of the petitioner on refusal of the marriage proposal by the petitioner. It is further submitted that after completion of the investigation, charge sheet has been submitted only u/s 306 of the IPC. The petitioner has got no criminal antecedents. She is a married lady and languishing in judicial custody since 7.6.2023.

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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 291 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 ACJM, Samastipur.

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