Manti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17141 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -KAUAKOL District- NAWADA ====================================================== Manti Devi, wife of Karu Manjhi, resident of Village- Gandhi Dham, P.S.- Kawakol, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kawakol P.S.Case No. 73 of 2016 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Allegation as per FIR is under Section 302 IPC and petitioner is mother-in-law of the deceased.

It has been submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner and others that they have killed the deceased by assaulting her brutally and no specific allegation is against the petitioner and it is said that earlier there was quarrel between the deceased and her husband and she is in custody for four months. Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and from perusal of FIR as well as impugned order it appears that allegation is general in

Patna High Court Cr.Misc. No.17141 of 2017 (2) dt.13-04-2017 2/2 nature and some of the witnesses have stated during investigation that deceased and her husband were quarreling for some petty issue and considering the aforesaid aspect of the matter, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Kawakol P.S.Case No. 73 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of her bail.

(Vinod Kumar Sinha, J) spal/- U