Madhu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31080 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== MADHU KUMARI W/o Late Manish Chaudhary, D/o America Rao Resident of Village- Mathiya, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Shikarpur Police Station Case No. 204 of 2020, registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the son of the informant, who was married to the petitioner, was killed by the petitioner and her other family members.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive and she has not committed any offence in the manner alleged. He further submits that the petitioner is the wife of the

Patna High Court CR. MISC. No.31080 of 2021(4) dt.08-03-2022 2/3 deceased and was living along with her husband in her parental home. He further submits that during the lockdown period, i.e. in April, 2020, the deceased insisted her to come back to her matrimonial home and upon refusal of the petitioner, her husband (deceased) has committed suicide after pouring kerosene oil upon him. He further submits that in course of investigation, the statements of the villagers and Ward Member were recorded, in which they have stated that due to some dispute between the deceased and his wife, the deceased has committed suicide. He further submits that the police, after completion of investigation, has submitted charge sheet under Section 306 of the Indian Penal Code. He next submits that the petitioner is in custody since 13.01.2021.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that after investigation, the police has submitted charge sheet under Section 306 of the Indian Penal Code, the petitioner is the wife of the deceased, she is in custody since 13.01.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Patna High Court CR. MISC. No.31080 of 2021(4) dt.08-03-2022 3/3 Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Shikarpur Police Station Case No. 204 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √