Manju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17152 of 2023 Arising Out of PS. Case No.-364 Year-2022 Thana- DURAULI District- Siwan ====================================================== Manju Devi W/O Sri Shivji Singh Resident Of Village- Gopalpur, P.S.- Darauli, District- Siwan.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
The prosecution case in nutshell is that a verbal dispute occurred between the wife of informant and his brother's wife Ragani Devi. Thereafter, after persuading both of them informant came out of the house. It is further alleged that informant's wife informed him through phone that Ragani Devi strangled her son
Patna High Court CR. MISC. No.17152 of 2023(2) dt.29-04-2023 2/3 Sumant Kumar @ Babuaji and threw from the roof behind the house. Informant came and saw that his son was lying dead in the pit behind the house. It is further alleged that Manju Devi has helped Ragani Devi in the murder of his son.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. She has no concern either with the family affairs of the informant or with the Ragani Devi. Due to previous enmity she has been falsely dragged in this case. There is no specific overt act of allegation levelled against the petitioner rather the specific allegation of commission of murder of informant's son is levelled against co-accused Ragini Devi. Moreover, the petitioner is languishing in judicial custody since 24.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has
Patna High Court CR. MISC. No.17152 of 2023(2) dt.29-04-2023 3/3 vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, petitioner being a lady as well as period under custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Darauli P.S. Case No. 364 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan.
(Sunil Kumar Panwar, J) Nirajkrs/- U T