An accused person should be granted bail if there are no eyewitnesses to the alleged crime, the accused's confession was made before the police, the accused has been in custody for a long period of time, and the chargesheet has been submitted.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22479 of 2022

Arising Out of PS. Case No.-122 Year-2021 Thana- MADHEPUR District- Madhubani

======================================================

CHANDANI SINGH @ CHANDANI DEVI W/o Niranjan Singh Resident of

Village- Bhith Bhagwanpur, P.S.- Madhepur, District- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Baleshwar Kamat, Advocate

For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

4

11-01-2023

Heard learned counsel for the parties.

The petitioner has preferred this application for grant

of regular bail in a case registered under section 363 of the

Indian Penal Code to which sections 302, 201 and 120B of the

Indian Penal Code were added subsequently.

As per the prosecution case, the informant states in

the F.I.R. that her husband returned in an intoxicated state,

asked her for money and on her not giving the same because she

did not have any money, she was abused and thereafter her

husband left home. He was not to be found.

It is submitted by learned counsel for the petitioner

that the petitioner happens to be the informant in the case. She

was subsequently falsely implicated in course of investigation.

There are no eye witness to the alleged occurrence. She is in

Patna High Court CR. MISC. No.22479 of 2022(4) dt.11-01-2023

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custody since 2.8.2021 and investigation in the case has

concluded.

The application for bail is opposed by learned A.P.P.

for the State who submits that in course of investigation, it

transpired that the petitioner had murdered her husband with the

help of her paramour and she confessed her guilt.

Having heard learned counsel for the parties and

taking into consideration the material that has transpired in

course of investigation, there being no eyewitness to the alleged

occurrence, the so called confession being made before the

police, the petitioner being in custody for more than 1 year 5

months since 2.8.2021 and chargesheet having been submitted

in the case, the Court directs the petitioner to be enlarged on bail

in connection with Madhepur P.S. Case no.122 of 2021 (G.R.

no.1277 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees

Ten Thousand) with two sureties of the like amount each to the

satisfaction of the learned Additional Chief Judicial Magistrate

II, Jhanjharpur, District-Madhubani.

Saurabh/-

(Partha Sarthy, J)

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