Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.413 of 2020 Arising Out of PS. Case No.-127 Year-2019 Thana- KARAI PARSURAI District- Nalanda ====================================================== MUNNI DEVI, W/o Late Raja Ram Kumar, Resident of Village - Galimpur, P.S.- Karai Parsurai, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-05-2020 This has been posted before me for hearing through videoconferencing, under the orders of Hon'ble the Chief Justice, in view of Nation passing through lockdown as an aftermath of the outbreak of COVID-19 pandemic.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 302/201 of the Indian Penal Code.
Allegation against the petitioner is that she killed the husband with the help of other accused persons by assaulting with stone and sharp cutting weapon.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.413 of 2020(3) dt.28-05-2020 2/3 case by the informant with a false and concocted story. As per FIR, it is evident that the informant received an information through mobile phone on 19.08.2019 from his wife and informed that the deceased has been killed by her wife due to which he came and taken to dead body.
It has been further submits that during course of investigation the witnesses disclosed that the deceased Raja Ram Kumar was a drinker man and regularly he was made altercation of the villager. It has been further submitted that on the alleged date of occurrence when the petitioner's husband was returning to his house after taking wine and on the way he fell down and received injury on his head and at his house and after some time he died. There is no directed allegation the petitioner and only on suspicion petitioner has been made accused in this case. There is no eye witness of the alleged occurrence but due to bad intention her name has been transpired in this case. The inquest report has been prepared and the post mortem examination has been made by the doctor who was conducting post mortem report opined that the death was caused due to fracture of right side of forehead. The petitioner is in custody since 20.08.2019 and has got no criminal history. Learned APP for the State has opposed the prayer for the
Patna High Court CR. MISC. No.413 of 2020(3) dt.28-05-2020 3/3 bail petition.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Karai Parsurai P.S. Case No. 127 of 2019. (Anjani Kumar Sharan, J) amitkumar/- U T