Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12091 of 2023 Arising Out of PS. Case No.-633 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== MUNNI DEVI Wife of Bhola Nat @ Maula Nat Resident of Village - Saraiya, Nat Toli, P.S.- Barhara (Krishnagarh O.P.), District - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. M. Kumar, Advocate :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 633 of 2022 dated 31.08.2022, registered for the offence punishable under Sections 120(B), 302, 201/34 of the Indian Penal Code.
The prosecution case, in short, is that on 30.08.2022 at about 07:00 pm, the co-villager of the informant namely Somaru Nat, called away Neeraj Kumar, grandson of the informant from the house but till late night, his grandson could not return home then informant went at the house of Somaru Nat and inquired about his grandson but no one could disclose clearly. In the morning of 31.08.2022, the informant received
Patna High Court CR. MISC. No.12091 of 2023(2) dt.15-05-2023 2/3 information that his grandson was murdered by slit his neck near the brick-klin. Thereafter, the informant lodged an F.I.R. against the petitioner including seven other persons. Learned Counsel for the petitioner submits that the petitioner is innocent and he has been implicated in this case due to previous enmity. It is further submitted that there is no eye witness of the alleged occurrence. It is also submitted that earlier the petitioner registered two cases against the informant in Bhojpur SC/ST P.S. Case No. 28 of 2022 for murder of her son Lalji Nat and another case was registered in Barhara P.S. Case no. 446 of 2021.
Learned counsel for the petitioner submits that similar Co-accused namely, Sadhu Nat has been granted bail by a Co-ordinate Bench of this court vide Criminal Miscellaneous No. 7674 of 2023. Lastly, it is submitted that the petitioner is in custody since 02.09.2022 and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the petitioner is accused in one another case apart from this one.
Learned A.P.P for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on
Patna High Court CR. MISC. No.12091 of 2023(2) dt.15-05-2023 3/3 furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 633 of 2022. (Khatim Reza, J) Sankalp/- U