High Court Patna High Court - Orders

Jully Kumari vs The State Of Bihar on 22 July, 2011

Patna High Court – Orders
Jully Kumari vs The State Of Bihar on 22 July, 2011
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr.Misc. No.21732 of 2011
           Jully Kumari, D/o Sri Kishori Yadav, resident of Mohalla
           Ramdhanpur Dhankuti Gali, P.S. Kotwali, Dist. Gaya.
                                                             .........Petitioner
                                            Versus
           The State of Bihar.
                                                              ....Opp. Party
                                  -----------

2/- 22.07.2011 Heard.

In a criminal prosecution registered under

Sections 302 and 379 of the Indian Penal Code, altogether

six persons including the petitioner have been arraigned as

accused.

Learned counsel for the petitioner submits that

there is no eye witness of alleged occurrence and the entire

prosecution case is based on suspicion and surmises. It is

also submitted that even according to prosecution case, the

informant has disclosed about previous enmity with the

father and brothers of the petitioner. The petitioner, being a

young college going girl, had no motive to participate in the

crime in question.

Learned Additional Public Prosecutor appearing

for the State has opposed the prayer for bail, but has fairly

conceded that in the F.I.R., no specific role has been

assigned against the petitioner. The petitioner, being a
2

young girl, her case is quite distinguishable from the case of

other co-accused persons. The petitioner is said to be in

judicial custody since 27.03.2011.

In the facts and circumstances of this case,

particularly the fact that the petitioner is said to be a college

going girl, her prayer for bail is allowed. 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

like amount each to the satisfaction of learned Chief Judicial

Magistrate, Gaya in connection with Kotwali P.S. Case

No.65 of 2011.

( Birendra Prasad Verma, J )

Anjani/