Anjila Devi @ Anjali Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18920 of 2021 Arising Out of PS. Case No.-72 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== ANJILA DEVI @ ANJALI DEVI Wife of Sri Prem Mahto @ Prem Lal Mahto @ Premlal Mahato Resident of Village- Ughara (Ughra), Kasmatol, P.S.- Bahadurpur (Pator O.P.), District- Darbhanga. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13 For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2021 This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under section 302/34 of the Indian Penal Code.
As per prosecution case, informant is wife of Radhe Shyam Mahto and her father-in-law registered homestead land in favour of wife of Prem Mahto which was objected by her. It is further alleged that when her mother-in-law agreed to register the agricultural land in her favour, the petitioner raised objection and she assaulted and abused her and further threatened to kill her. It is also alleged that her husband had illicit relation with
Patna High Court CR. MISC. No.18920 of 2021(2) dt.09-07-2021 2/3 this petitioner and due to which this petitioner along with others administered poisoned to her mother-in-law.
It is submitted on behalf of the petitioner that petitioner is sister-in-law of the informant and due to land dispute, petitioner has been falsely implicated in this case. The petitioner has no manner of concern with alleged occurrence. Petitioner is in jail custody since 30.11.2020. Investigation is complete. Petitioner has been made accused only on suspicion and surmises.
Learned counsel for the State opposes the prayer for bail.
Considering the rival submissions and materials on record, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Darbhanga in Bahadurpur (Pator O.P.) P.S. Case no. 72/2019 on the following conditions.
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.18920 of 2021(2) dt.09-07-2021 3/3 for cancellation of bail.
(Prabhat Kumar Singh, J) s.hassan/- U T