Most. Munni Devi @ Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22235 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== MOST. MUNNI DEVI @ MUNNI DEVI wife of late Suresh Sao Resident of Kankarbagh Jhoparpatti ; Police Station Kankarbagh, District Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Yogendra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Kankarbagh P.S. Case No. 15 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Allegedly, co-accused Shambhu told the informant regarding the death of her mother and then the informant went there and saw her mother killed. It is suspected that the petitioner and his son Shambhu had killed her and had taken away her ornaments and cash of Rs. 30,000/-.

Submission is of false implication and that besides suspicion, there is nothing against the petitioner, there is no allegation that the petitioner has ever caused threat to the deceased, there is no eye witness of actual killing, no witness of

Patna High Court Cr.Misc. No.22235 of 2016 (3) dt.05-07-2016 2/2 locality has supported the prosecution version, nothing has been recovered from the conscious possession of the petitioner and without any fault, she is suffering in custody since 26.02.2016 to which the learned APP submits that the petitioner is named in the first information report.

In the facts and circumstances stated above, considering the chargesheet has already been submitted and there is no chance of tampering with prosecution evidence, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna in connection with Kankarbagh P.S. Case No. 15 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Mishra/- U T