Meena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12866 of 2023 Arising Out of PS. Case No.-88 Year-2022 Thana- THALI District- Nawada ====================================================== MEENA DEVI Wife of Surendra Ram R/V- Karpuri Nagar, PS- Thali, Distnawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj, Adv.
For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Thali P.S. Case No. 88 of 2022 registered for the offence under Sections 302, 323, 354, 341, 342, 504, 506 and 34 of the Indian Penal Code.
The grand mother of the informant is alleged to have been died by strangulating her neck by the petitioner and others.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the allegation, as alleged in the F.I.R., is
Patna High Court CR. MISC. No.12866 of 2023(3) dt.21-06-2023 2/2 false and fabricated and the petitioner has not committed any offence. He further submits that the petitioner has falsely been implicated in this case on account of land dispute between the parties. The petitioner, who is a lady, is rotting in judicial custody since 28.11.2020. Learned A.P.P. for the State, on the other hand, on the basis of case diary vehemently opposed the prayer for bail of the petitioner and submits that allegation as alleged in the F.I.R. is supported by the postmortem report of the deceased. He further submits that there is direct allegation of strangulation against the petitioner and the informant claimed to be the eye witness of the alleged occurrence. Considering the facts and circumstances of the case and the direct allegation of strangulation against the petitioner, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner is rejected.
(Rajesh Kumar Verma, J) brajesh/- U T