Nilam Devi @ Nilu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27187 of 2021 Arising Out of PS. Case No.-434 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== NILAM DEVI @ NILU DEVI W/o Late Gajab Mahto D/o Bhagirath Mahto Resident of Village - Chanpapar Khas, P.S.- Godhasahan, Distt.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radha Mohan Singh, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-01-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B, 201 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that the petitioner herein was married to his younger son. She was regularly fighting with him and had gone to live in her naihar (parents place). She further states that she regularly threatened his son. Her son was called by her and after he went to his sasural, soon thereafter information was received about his dead body having been found in the agriculture field. The informant states that she is convinced that her daughter-in-law, the petitioner herein, has a hand in the murder.

Patna High Court CR. MISC. No.27187 of 2021(3) dt.03-01-2022 2/2 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From perusal of the F.I.R. itself, it would transpire that the informant is not an eye witness to the occurrence and an unfounded suspicion has been raised by her against the petitioner who happens to be the wife of the deceased. No material has transpired in course of investigation to connect the petitioner with the alleged crime. The petitioner who is a lady is in custody since 25.10.2020 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner being in custody for over 1 year 2 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Godhasahan P.S. Case no.434 of 2020 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 Additional Chief Judicial Magistrate 3rd, Shikarhana, Dhaka, District East Champaran. (Partha Sarthy, J) Saurabh/- U T