Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86377 of 2024 Arising Out of PS. Case No.-194 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Shila Devi W/O Raj Dhari Prasad R/O Vill.- Kawalpur, P.S.- Turkauliya, Dist.- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Pandey, Adv.

For the Opposite Party/s :

Mr. Dilip Kr. No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 103(1)3(5) of B.N.S and 27 of Arms Act.

3.

The brief case of the prosecution is that the petitioner alongwith others committed the murder of the husband of the informant. The paragraph-28 of the case diary states that Om Prakash Prasad confessed that he had committed the murder of the husband of the informant by hired shooters. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.86377 of 2024(2) dt.17-12-2024 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no overt act against the petitioner. Petitioner has got no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and the fact that the co-accused confessed that he committed the murder of the husband of the informant, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Pipra P.S. Case No.194 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Suruchi/- U T