Lalmuni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21777 of 2024 Arising Out of PS. Case No.-165 Year-2021 Thana- PAHARPUR District- East Champaran ====================================================== Lalmuni Devi Wife OF BINOD MAHTO RESIDENT OF VILLAGESAREYA BRITI DHAGAR TOLI, PS- PAHARPUR, DIST- EAST CHAMPARAN MOTIHARI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar For the Opposite Party/s :
Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The learned counsel for the petitioner submits that inadvertently in the cause title, the petitioner has been described as son of Binod Mahto when she is wife of Binod Mahto.
3. The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
4. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and is in custody since 21.07.2021. It is further submitted that informant alleges that his elder brother was married to the petitioner about 15 years back and petitioner developed illicit
Patna High Court CR. MISC. No.21777 of 2024(3) dt.21-06-2024 2/3 relationship with Muslim Mian and thereafter it is alleged that petitioner along with Muslim Mian killed his elder brother by pressing his mouth by a pillow and also assaulted on his private part.
5. Learned counsel for the petitioner submits that petitioner was married to the elder brother of the informant for the last 15 years and in those 15 years no complaint or case came to be filed or instituted by the deceased against the petitioner regarding her character. It is further submitted that since the petitioner stands implicated in the instant case, as such, the informant who is own brother of the deceased, will enjoy the property of the deceased. It is also submitted that the offence was committed by the informant and he very wisely implicated the petitioner along with Muslim Mian. It is next submitted that Muslim Mian has been granted the privilege of regular bail by order dated 30.03.2022 in Criminal Miscellaneous No. 64191 of 2021.
6. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
7. Considering the submission made by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.21777 of 2024(3) dt.21-06-2024 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Paharpur P.S. Case No. 165 of 2021.
8. Accordingly, the present regular bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T