Patna High Court - Orders
Reeta Devi @ Rita Devi vs The State Of Bihar on 20 December, 2022
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41583 of 2022
Arising Out of PS. Case No.-228 Year-2021 Thana- SUGAULI District- East Champaran
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Reeta Devi @ Rita Devi Wife of Late Gurudev Sahani Resident of village-
Belwatiya ( At Present - Supaha, Ward no. 12), Sugauli, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Kundan Rathore@ Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 20-12-2022Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sugauli P.S. Case No. 228 of 2021 registered for the offence under Section 147, 148, 149, 341, 323, 302, 504 and 506 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 27.05.2021.
The allegation against the petitioner is to commit murder of the father of informant, who is none but the husband of this petitioner, alongwith other named co-accused persons, Patna High Court CR. MISC. No.41583 of 2022(3) dt.20-12-2022 2/3 where occurrence arises out of matrimonial differences.
Learned counsel appearing on behalf of the petitioner submitted that allegation of committing murder is specific against co-accused, namely, Ganesh Sahani and as petitioner was living with said Ganesh Sahani, after being deserted by deceased husband, she was also implicated in present case. It is further submitted that no overt act is attributed to this petitioner, as per F.I.R. towards physical assault, which caused death of father of informant. It is also submitted that no external injuries were noticed upon deceased, which also negate allegations of physical assault, as raised through F.I.R. While concluding the argument, it has been submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as petitioner is a lady of clean antecedent, having no allegations of any overt act towards committing offence, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sugauli P.S. Case No. 228 of 2021 on Patna High Court CR. MISC. No.41583 of 2022(3) dt.20-12-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/-
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