Maju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21751 of 2020 Arising Out of PS. Case No.-1052 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== MAJU DEVI Wife of Late Ashok Kumar Sah Resident of Mohalla- Ram Prasad Chowk (Bagdulhan), P.S.- Hajipur Town, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State.

The petitioner seeks regular bail in connection with Hajipur Town P.S. Case No. 1052 of 2019, registered for the offence punishable under Section 395 of the Indian Penal Code and thereafter also added Sections 397, 412, 201, 120(B) of the Indian

Patna High Court CR. MISC. No.21751 of 2020(2) dt.07-07-2020 2/3 Penal Code.

A dacoity is said to have been committed in broad day light in the Muthoot Finance Branch at Hajipur and 55.777 kg. gold is stated to have been looted by the accused persons including the son of the petitioner herein, namely, Chanchal Kumar and the said Chanchal Kumar has disclosed about her mother in the confessional statement made before the police.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case, she is having a clean antecedent and she is languishing in custody since 25.2.2020. It is further submitted by the learned counsel for the petitioner that the petitioner is in no way involved in the alleged loot of Muthoot Finance and she has only been roped in the present case on account of being the mother of the accused person, who is stated to have committed loot at the Muthoot Finance Branch at Hajipur and taken away huge amount of gold.

Per contra, the learned APP has vehemently

Patna High Court CR. MISC. No.21751 of 2020(2) dt.07-07-2020 3/3 opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that prima facie, the petitioner has got no role to play in the alleged occurrence, no recovery has been made from her possession and moreover, she is only stated to be the mother of the main accused person, having no role in the alleged loot, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 1052 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T