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2023 Supreme(Online)(Pat) 7770
PATNA HIGH COURT
Mr. Justice Sunil Kumar Panwar
NIRMALA DEVI – Appellant
Versus
The State – Respondent
CR. MISC./47101/2022
An accused person is entitled to bail if there are no eyewitnesses to the crime and the accused has been implicated in the case on the basis of suspicion.
Headnote:
BAIL - SECTION 302/34 IPC - MURDER - NO EYE WITNESS - SIMILARLY SITUATED CO-ACCUSED GRANTED BAIL - BAIL GRANTED
Fact of the Case:
The petitioner was arrested for the murder of her husband. The prosecution alleged that the petitioner had strangled her husband to death. The petitioner denied the allegations and claimed that she had been falsely implicated in the case.
Finding of the Court:
The court found that there were no eyewitnesses to the murder and that the petitioner had been implicated in the case on the basis of suspicion. The court also noted that a similarly situated co-accused had been granted bail by a coordinate bench of the court.
Issues: Whether the petitioner should be granted bail.
Ratio Decidendi: The court held that the petitioner was entitled to bail because there were no eyewitnesses to the murder and she had been implicated in the case on the basis of suspicion.
Final Decision: The court granted the petitioner bail on the condition that she furnish a bail bond in the amount of Rs. 10,000 and two sureties in the like amount.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47101 of 2022
Arising Out of PS. Case No.-270 Year-2020 Thana- SALIMPUR District- Patna
======================================================
Nirmala Devi W/O Late Chandraketu Saw R/O Village- Bihta, P.S.- Salimpur,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Suraj Kumar, Advocate
For the Opposite Party/s :
Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
11-01-2023
Heard learned counsel for the petitioner, learned APP
for the State and perused the case diary.
The petitioner is in custody in a case registered for the
offence punishable under Sections 302/34 of the Indian Penal
Code.
Allegedly, it is a case of commission of the murder of
the husband of the petitioner.
Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He further
submits that there is no eye witness to the alleged occurrence
and on the basis of suspicion, the name of the petitioner and
others have been implicated in this case. Similarly situated co-
accused has been granted regular bail by a Co-ordinate Bench of
this Court passed in Cr. Misc. No. 29859 of 2021 vide
Patna High Court CR. MISC. No.47101 of 2022(3) dt.11-01-2023
2/2
Annexure-2 to the present petition. Petitioner is in custody since
06.10.2020
Learned APP appearing for the State has vehemently
opposed the prayer for regular bail of the petitioner and
submitted that cause of death was asphyxia lead to cardiac
respiratory failure due to strangulation.
Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner 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 Additional District
and Sessions Judge-V, Barh, Patna in connection with Salimpur
P.S. Case No. 270 of 2020.
Brajesh Kumar/-
(Sunil Kumar Panwar, J)
U
T
