Patna High CourtCR. MISC./50838/2018bail granted

Muttari Devi @ Mutayi Devi v. The State Of Bihar

2018-09-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50838 of 2018 Arising Out of PS.Case No. -91 Year- 2017 Thana -SHERGHATI District- GAYA ======================================================

1. Muttari Devi @ Mutayi Devi W/o Firangi Chaudhary, R/o Vill.- Bajaura, Tola Mishri Tand, P.S.- Sherghati (Dobhi), District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. C. Jawahar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-302/34 of the Indian Penal Code.

The prosecution case, in brief, is that brother of the informant was found lying dead on the roof of his Sasural and it was suspected by the informant that his brother was strangulated by his wife Geeta Devi.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-06-2018 and she has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is motherin-law of the deceased. Merely on the basis of suspicion, she has

Patna High Court Cr.Misc. No.50838 of 2018 (2) dt.18-09-2018 been made accused in the present case. Neither there is direct nor indirect evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence. The other similarly situated co-accused namely, Firangi Choudhary has been granted bail by a coordinate bench of this court vide order dated 19-01-2018 passed in Cr. Misc. No. 61126 of 2017.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 91 of 2017.

(Sudhir Singh, J) A.K.V./- U T