Manti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33391 of 2021 Arising Out of PS. Case No.-53 Year-2019 Thana- PAWANA District- Bhojpur ====================================================== Manti Devi W/O Ramesh Singh R/O Village - Mahuli Tola, P.S. Pawana, District - Bhojpur at Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.M.K.Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

02-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Pawana P.S. Case No. 53 of 2019, registered for the offence under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, the grandson of the informant went out of his house and thereafter, did not return till night. On next day, the dead-body of grandson of the informant was recovered in a river. It is alleged by the informant that there was love affairs between his grandson and one Ruby Kumari (daughter of co-accused Bhada Singh) and as such, all the FIR named accused have committed the murder of his grandson. It is submitted on behalf of petitioner that petitioner is aunt of co-accused Ruby Kumari and only on suspicion, she has been made accused in this case. No overt act has been alleged

Patna High Court CR. MISC. No.33391 of 2021(2) dt.02-09-2021 2/3 against this petitioner. There is no eye-witness to the alleged occurrence. During course of investigation, the investigating officer has taken the help of dog squad, but no clue was found and there is absolutely no evidence against this petitioner. Coaccused Sona Devi has already been granted bail by this Court, vide order dated 12.07.2021 passed in Cr.Misc. No. 36781 of 2020. Petitioner, who is lady, is in custody since 24.12.2020 and has got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as the fact that petitioner is lady and has got clean antecedent, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bhojpur at Ara in connection with Pawana P.S. Case No. 53 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.33391 of 2021(2) dt.02-09-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T