Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17372 of 2020 Arising Out of PS. Case No.-267 Year-2017 Thana- PARBATTA District- Khagaria ====================================================== MUNNI DEVI D/o Late Bihari Singh Resident of Village - Bithla, P.S.- Parbatta (Maraiya), Distt - Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is permitted to make necessary correction in the paragraph 1 and prayer portion of the application in course of the day.

A supplementary affidavit has been filed on behalf of the petitioner. The same be kept on record.

The petitioner is apprehending her arrest in a case initially registered under section 156(3) of the Cr.P.C. under Sections 304(B), 201, 34 of the Indian Penal Code in which cognizance has been taken under section 364 of Indian Penal Code against accused Ajay Singh and investigation is pending against rest accused persons.

Prosecution allegation, in short, is that the accused

Patna High Court CR. MISC. No.17372 of 2020(2) dt.12-02-2021 2/3 persons caused death of the daughter of the informant and got disappeared the dead body.

Though the case was instituted for offence under section 304B and other allied sections of I.P.C., subsequently, in course of investigation, Section 364 IPC was added. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The present case has been instituted under section 156(3) of the Cr.P.C.. After investigation, the police submitted charge-sheet for offence under section 364IPC. The other co-accused has already been acquitted by the Trial Court in Sessions Trial No. 189/18. The petitioner is a lady. She is sister-in-law of the deceased. She is separate in mess and property from the husband of the deceased. She has got no concern with the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.17372 of 2020(2) dt.12-02-2021 3/3 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -1st Khagaria in connection with Parbatta (Maraiya) P.S. Case No. 267A/2017, G.R. No. 2294/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T