Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.122 of 2024 Arising Out of PS. Case No.-230 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Pinki Devi Wife of Ranjit Chaudhary Resident of village- Chakarmaniya Ward No-5, P.S.- Beldaur, District- Khagaria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B) and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other coaccused persons is that they took away the informant's minor son from his house on the point of sharp weapon thereafter next day, the dead body of the informant's son was found from a field.

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. Informant is not the eye witness of the alleged occurrence. It is further submitted from para-13 of the petition that from perusal of the para-44 of the case

Patna High Court CR. MISC. No.122 of 2024(3) dt.30-01-2024 2/2 diary, it appears that one person who is not named in FIR Deepak Kumar, confessed his guilt and he has not disclosed the name of the petitioner in this alleged offence. Only on the basis of suspicion, she has been dragged in this case. No any consistent evidence has come against her in respect of commission of murder of the informant's son. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 26.08.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts that petitioner being a lady and her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Beldaur P.S. Case No. 230 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 Judicial Magistrate 1st Class, Khagaria.

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