IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10998 of 2011 MOST. GIRJA DEVI Versus THE STATE OF BIHAR 3 11-07-2011 Heard learned counsel for the petitioner as well as learned counsel for the state assisted by learned counsel for the informant. Petitioner is languishing in jail custody since 26.11.2010 in a case registered under sections-302/201 Of The Indian Penal Code. Petitioner is named in the first information report on the basis that she was seen by the witnesses carrying the deceased boy before the alleged occurrence and subsequently, it is stated that she confessed her guilt in presence of witnesses leading to recovery of dead body of the deceased boy. Learned counsel for the petitioner submits that the statement of Ramadhar Rai whose name has been figured in the first information report, has not been recorded by the I.O. and so far as alleged confessional statement is concerned, the same is nothing but only the creation of prosecution story. As a matter of fact, the dead body of the deceased has never been recovered on the basis of confessional statement of petitioner. Although learned counsel for the informant opposes the prayer but considering the aforesaid facts and circumstances of the case as well as submission of the parties, particularly, this aspect of the matter that none of the persons, - 2 - has claimed to have seen the petitioner throwing the deceased boy in the septic tank, let the petitioner, namely, Most. Girja Devi be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Panchrukhi P.S. Case No. 177 of 2010 to the satisfaction of Chief Judicial Magistrate, Siwan. AKV/- (Hemant Kumar Srivastava,J.)