Jai Mala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73382 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- FULKAHA District- Araria ====================================================== JAI MALA DEVI, aged about 60 years (Female), W/o Bikru Paswan, Resident of Village- Mathura North, P.S.- Fulkaha, District- Araria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ramesh Kumar Singh, Advocate.

For the Opposite Party :

Mr.Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 04.01.2019, A.S.I. Kapileshwar Sah, received a message that Bikru Paswan's daughter-in-law was shot dead in Madhura Uttar Panchayat. The informant reached the spot of the crime alongwith other police forces. After seen dead body and asking locals the informant came to know that the deceased Kavita Devi has been murdered by her husband Pankaj Kumar Paswan and co-accused Sanoj

Patna High Court CR. MISC. No.73382 of 2019(2) dt.19-11-2019 2/3 Paswan.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 24.09.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. As per F.I.R., co-accused Pankaj Kumar Paswan and Sanoj Paswan are suspected to have fired upon the deceased. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case during the course of investigation where it has been suspected that the petitioner is also involved in the said incident. A petition has been filed by the parents of the deceased on 02.07.2019 before the Judicial Magistrate-Ist Class, Araria, where they have categorically stated that the petitioner is not involved in the present case. The said petition filed in the learned court below is Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.73382 of 2019(2) dt.19-11-2019 3/3 the like amount each to the satisfaction of the learned J.M. Ist Class, Araria, in connection with Fulkaha P.S. Case No. 03 of 2019.

(Sudhir Singh, J) U.K./- U T