Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50612 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -ALOULI District- KHAGARIA ====================================================== Kanchan Devi, W/o Late Ramanand Yadav, resident of Village Budhaura, P.S.- Alauli, District- Khagaria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Phulen Yadav, Advocate. For the Opposite Party : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 16.05.2018 in a case for the offence registered under Sections 302/34 of the IPC.

The prosecution story, in brief, is that on 15.01.2018, the son of the informant went out of house to walk but did not return till late night upon which the informant and others made search of her son but there was no clue and since 16.01.2018 the mobile of her son was switched off. It is further alleged that on 19.01.2018 the dead body of her son was seen upon which she and other villagers went there and identified her son. The condition of the dead body disclosed that murder had been committed after

Patna High Court Cr.Misc. No.50612 of 2018 (2) dt.18-09-2018 2/2 assault.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a lady. She is not named in the F.I.R. In course of investigation, suspicion has been raised against the petitioner. There is no circumstantial evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the learned counsel for the State, it has been 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 the like amount each to the satisfaction of the learned C.J.M. Khagaria, in connection with Alauli P.S. Case No. 17/2018. U.K./- (Sudhir Singh, J) U T