Tiljhariya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.11333 of 2020 Arising Out of PS. Case No.-431 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== Tiljhariya Devi, W/o Shambhu Manjhi, Resident of Village - Karmoari, P.S.- Paroo, Dist.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manish Kumar, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.

Heard learned counsel for the petitioner.

No one appears on behalf of the State although the Court has been informed that link has been sent to learned A.P.P. for the State to join the virtual court proceeding. Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased and is seeking regular bail in connection with Paroo P.S. Case No. 431 of 2019 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

2/4 Learned counsel for the petitioner submits that so far as this petitioner is concerned, police has extracted her confessional statement but save and except that there is no material against her, moreover in her confessional statement recorded by police it is stated that she had assisted her son Chandan Manjhi in killing of her daughter-in-law. Learned counsel submits that the confessional statement recorded by police is not true and correct and the same is not admissible in evidence.

Having heard learned counsel for the petitioner and after going through the materials present in the case diary, this Court finds that the confessional statement of the petitioner has been extracted by police which is recorded in paragraph '6' of the case diary. It is stated therein that this petitioner along with her husband had caught hold of their daughter-in-law and the son of the petitioner had put his leg on the chest of the deceased killing her but the statement of the witnesses recorded in the case diary do not show any categorical witness making allegations against this petitioner. Petitioner has remained in custody since 22.10.2019, the investigation against her is complete, let the

3/4 petitioner above named be released on bail in connection with Paroo P.S. Case No. 431 of 2019 on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IIIrd (West)-cum- Sub-Judge IIIrd (West), Muzaffarpur, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities

4/4 concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. This application is allowed.

(Rajeev Ranjan Prasad, J) vats/Rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.