Sangeeta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36702 of 2024 Arising Out of PS. Case No.-343 Year-2023 Thana- BHARGAMA District- Araria ====================================================== 1.
SANGEETA DEVI WIFE OF DINESH MEHTA @ PULKIT MEHTA RESIDENT OF VILLAGE - RAGHUNATHPUR UTTRI, WARD NO.10, P.S. - BHARGAMA, DISTRICT - ARARIA 2.
ARVIND KUMAR SON OF DINESH MEHTA @ PULKIT MEHTA RESIDENT OF VILLAGE - RAGHUNATHPUR UTTRI, WARD NO.10, P.S. - BHARGAMA, DISTRICT - ARARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad, Sr. Adv.
Mr. Shivnandan Bharti,Adv.
For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-09-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
2. The petitioners are seeking regular bail in connection with Bhargama P.S. Case No. 343 of 2023, registered for the offences punishable under Sections 302, 201,34 of the Indian Penal Code.
3. As per prosecution, while the informant's mother was returning her home after listening sastang, in the way, Sangeeta Devi (petitioner) took his mother with her. Later on, it was detected that informant's mother has been seen going with the petitioner. It is further alleged that the informant's mother was later on found lying dead besides the road.
Patna High Court CR. MISC. No.36702 of 2024(5) dt.19-09-2024 2/3
4. The learned Senior counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. He has further submitted that FIR itself shows that the husband of petitioner no. 1 is own brother of the informant and there is some dispute between them. It also transpires from perusal of the FIR that the victim was residing with the informant but allegedly one day before the day of occurrence, she had gone to the house of the petitioners. He has also submitted that no injury was found on the dead body of the deceased. He has next submitted that the petitioners, who are daughter-in-law and grandson of the deceased have falsely been implicated, due to enmity. The petitioners are under custody since 19.12.2023, and they are the persons of clean antecedents.
5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that from perusal of the FIR, it transpires that the informant and husband of petitioner no. 1 are own brothers and there is enmity between them.
6. It also transpires that the deceased was residing in the house of the informant and no injury was found on the dead body of the deceased as per post-mortem report.
7. Considering the above-mentioned facts and
Patna High Court CR. MISC. No.36702 of 2024(5) dt.19-09-2024 3/3 circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Araria in connection with Bhargama P.S. Case No. 343 of 2023, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Nawneet Kumar Pandey, J) Nirmal/- U T