Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82386 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- DARPA District- East Champaran ====================================================== Babita Devi W/O Late Jot Narayan Prasad Yadav @ Jot Narayan Yadav R/O Village- Belahiya, P.S- Darpa, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Darpa P.S. Case No. 104 of 2023 lodged on 24.08.2023 under Sections 302, 201, 34 of the Indian Penal Code.
3. The accusation is of killing the husband of the informant. As per the prosecution, the petitioner is the informant in this case, but in the chargesheet she has been made accused.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, with a view to grab the land of the petitioner and her husband, the enemies have killed her husband and turn the investigation completely against her. The petitioner is in custody since 26.09.2023 having no criminal antecedent.
Patna High Court CR. MISC. No.82386 of 2023(4) dt.07-03-2024 2/2
5. Learned counsel for the State opposes the prayer for bail.
6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, learned counsel for the petitioner submits that he is not aware about the fact whether the charge has been framed or not.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Raxaul, Motihari, East Champaran, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T