Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6275 of 2022 Arising Out of PS. Case No.-283 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== Indu Devi Wife Of Sanjay Kumar R/O Village- Naya Tola, Hasanpur, P.S.- Mahnar, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binoy Kumar Sinha 1, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-09-2022 Heard 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 Mahnar P.S. Case No. 283 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code and 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 10.10.2021.

The allegation against the petitioner is to commit murder of mother of the informant, by causing fire arms injury, along with other co-accused persons, in the background of land dispute.

Patna High Court CR. MISC. No.6275 of 2022(3) dt.26-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is a lady of clean antecedent and has falsely been implicated in this case, being family member. Learned counsel pointed para 7 and 8 of the Case Diary, where it is specifically surfaced that co-accused, Sanjay Mahto, fired upon mother of the informant, causing her death. While concluding the argument, it is submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation of firing is not against this petitioner rather same is specific against the co-accused, Sanjay Mahto, as surfaced during the course of investigation, 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 Mahnar P.S. Case No. 283 of 2021 on 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,

Patna High Court CR. MISC. No.6275 of 2022(3) dt.26-09-2022 3/3 Vaishali/concerned court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

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