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HIGH COURT OF PATNA
JITENDRA KUMAR, J
SANGEETA DEVI @ ANIYA DEVI – Appellant
Versus
The State – Respondent
CR. MISC./66870/2022
The court held that the petitioners were entitled to bail as the post-mortem report did not support the allegation of assault and strangulation, and other co-accused persons had been enlarged on bail.
Headnote:
BAIL - SECTION 302 IPC - SUMMARY
Fact of the Case:
The petitioners were arrested for the murder of the informant's brother. The prosecution alleged that the petitioners killed the victim by pressing his neck. The petitioners claimed that they were innocent and had been falsely implicated in the case.
Finding of the Court:
The court noted that the post-mortem report did not support the allegation of assault and strangulation. The court also noted that other co-accused persons had been enlarged on bail by different Benches of the court.
Issues: Whether the petitioners were entitled to bail.
Ratio Decidendi: The court held that the petitioners were entitled to bail as the post-mortem report did not support the allegation of assault and strangulation, and other co-accused persons had been enlarged on bail.
Final Decision: The court allowed the petitioners' bail applications and directed them to be released on bail on furnishing bail bonds in the sum of Rs. 10,000 each with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66870 of 2022
Arising Out of PS. Case No.-201 Year-2021 Thana- SARAI District- Vaishali
======================================================
1.
Sangeeta Devi @ Aniya Devi, W/o Vinod Sah R/o Village- Shital
Bhakurahar, P.S.- Sarai, Distt- Vaishali.
2.
Srishanti Devi @ Janki Devi, W/o Lachhman Sah R/o Village- Shital
Bhakurahar, P.S.- Sarai, Distt- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Ms. Bela Singh
For the Opposite Party/s :
Mr. Amit Kumar Rakesh
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2
11-01-2023
This case is listed for hearing out of turn on
account of mentioning that the lady petitioner no. 2 aged
about 70 year is seriously ill and is suffering from diabetes,
hyper tension and mental disorders and is unable to do even
her routine work in jail.
Heard Ld. counsel for the petitioners and Ld. APP
for the State.
The petitioners seek bail in connection with Sarai P.
S. Case No. 201 of 2021, registered for the offences
punishable under Sections 302 and 34 of the Indian Penal
Code.
Patna High Court CR. MISC. No.66870 of 2022(2) dt.11-01-2023
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The prosecution story as emerges from the FIR is
that on 24.07.2021 at about 05.00 P.M., the informant
along with his brother, Suraj Kumar and sister Kamali Devi
had gone to the sasural of his brother Niraj to attend a
party. At about 09.30 pm., when they were taking meal,
hullah was raised that Suraj Kumar received current from
Generator and then Suraj Kumar advised his wife not to go
anywhere but his wife abused him, due to which Suraj
Kumar slapped to his wife and because of this, the petitioner
and his associates got angry and killed the brother of the
informant by pressing his neck.
Ld. counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in
this case. She further submits that the post-mortem report
does not support the allegation of assault and strangulation.
As per post-mortem report, the cause of death is cardiac
arrest. She further submits that other co-accused persons
have been enlarged on bail by different Benches of this Court
vide orders dated 28.04.2022 and 29.08.2022, passed in
Cr. Misc. No. 63877 of 2021 and 32112 of 2022,
Patna High Court CR. MISC. No.66870 of 2022(2) dt.11-01-2023
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respectively.
She further submits that the petitioners have been
languishing in jail since 13.09.2022.
It has also been stated in paragraph no. 3 of the
bail petition that the petitioners have no criminal
antecedents.
It is also stated in paragraph no. 2 of the bail
petition that the petitioners have earlier moved before this
Court for anticipatory bail vide Cr. Misc. No. 63021 of
2021.
However, Ld. APP for the State vehemently
opposes the prayer of the petitioners for bail.
Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioners,
above-named, to be enlarged on bail on their furnishing bail
bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
Ld. Additional Chief Judicial Magistrate XVI, Vaishali at
Hajipur, in connection with Sarai P. S. Case No. 201 of
2021 on the following conditions:
Patna High Court CR. MISC. No.66870 of 2022(2) dt.11-01-2023
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(i) The petitioners will make themselves available
for interrogation by a police officer/court as and when
required.
(ii) The petitioners will undertake that
investigation/trial will not hamper on account of their
absence or non-cooperation. They must be available to the
police or the court whenever their presence is required.
(iii) The petitioners shall not, directly or indirectl
