Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5124 of 2022 Arising Out of PS. Case No.-388 Year-2020 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Munni Devi W/o Chandan Thakur Resident of Village- Fulaut Chowk Koshi Project, Udakishunganj, P.S.- Udakishunganj, Distgrict- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Udakishunganj P.S. Case No. 388 of 2020 registered for the offence under Section 363 of the Indian Penal Code and later on under Sections 364, 302, 201 and 120(b) of the I.P.C. has been added.

The accused/petitioner is not named in the F.I.R. and is in custody since 26.12.2020.

The allegation against the petitioner is to commit murder of husband of the informant, along with other co-

Patna High Court CR. MISC. No.5124 of 2022(3) dt.26-11-2022 2/3 accused persons, as deceased developed illicit relations with sister of the petitioner.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of her husband namely, Chandan Thakur, where in furtherance thereof, no incriminating material surfaced/recovered, during the course of investigation, which may connect this petitioner, prima facie, with the present set of occurrence. It is further submitted that implication is purely on the basis of suspicion. It is also submitted that similarly situated co-accused person, Subodh Thakur, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 53412 of 2021 vide order dated 24.08.2022. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and, moreover, investigation of this case is complete, 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 no incriminating material surfaced/recovered, during the course of investigation, to connect this petitioner, prima

Patna High Court CR. MISC. No.5124 of 2022(3) dt.26-11-2022 3/3 facie, with the present set of occurrence, where petitioner is a lady of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Udakishunganj P.S. Case No. 388 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additonal Chief Judicial Magistrate-Ist, Udakishunganj, Madhepura/concerned Court, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T