Sima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74869 of 2019 Arising Out of PS. Case No.-225 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== SIMA DEVI W/o Rajdhani Paswan R/o village- Panchveer, Ward No. 7, P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2020 At the outset, the learned counsel for the petitioner seeks to make certain corrections in paragraph nos. 12 to 14 of the present petition.

Permission is granted.

Let the same be done during the course of the day. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sahebpur Kamal P.S. Case No. 225 of 2019 for the offence registered under Sections 302, 201/34 of the Indian Penal Code . The case of the prosecution as per the informant i.e. Manoj Tanti is that unknown culprits had killed the deceased. It has transpired during the course of investigation that one

Patna High Court CR. MISC. No.74869 of 2019(2) dt.13-01-2020 2/3 person, namely, Rishi Kumar is stated to have been produced before the learned Magistrate and his statement under Section 164 Cr.P.C. was recorded wherein he is stated to have disclosed that the co-accused person namely Babjan Kumar @ Bittu had killed one Rajpati Paswan and he was aided by the co-accused person, namely, Sushil. It is further alleged that the said coaccused person, namely, Babjan Kumar was having illicit relationship with the daughter of the deceased, namely, Sima Devi, who is the petitioner in the present case. The learned counsel for the petitioner has submitted that as far as the petitioner is concerned, she has got no complicity in the matter and has not been alleged to have either helped or aided the co-accused person, namely, Babjan Kumar in committing the murder of the deceased. It is further submitted that the petitioner is a lady and she is having a clean antecedent. Lastly, it is submitted that the petitioner is languishing in custody since 28.07.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that even the witnesses have not named the petitioner to be having any direct hand in the murder of the deceased, I deem it fit and proper to direct for

Patna High Court CR. MISC. No.74869 of 2019(2) dt.13-01-2020 3/3 release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 225 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T