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Patna High CourtCR. MISC./43772/2016bail granted

Malti Devi v. The State Of Bihar

2016-10-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43772 of 2016 Arising Out of PS.Case No. -92 Year- 2015 Thana -BHAIRABASHTHAN District- MADHUBANI ====================================================== Malti Devi Wife of Late Gopal Mandal, resident of Village- Mahinathpur, P.S. Bhairav Ashthan, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raja Ram Mishra For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhairav Ashthan P.S. Case No. 92 of 2015 registered under Sections 302, 201 and 34 of the Indian Penal Code. Gopal Mandal, brother of the informant, Jai Ram Mandal left the house on 14.11.2015 at about 6:00 am. Thereafter, on 15.11.2015, at about 10:00 am, he came to know that dead body of Gopal Mandal is hanging at the Mango tree in the Orchard at Village Bhairav Ashthan. The informant raised suspicion against Phool Jha, who had illicit relation with Malti Devi, wife of the deceased, having hand in the murder of his brother. Learned counsel appearing on behalf of the

Patna High Court Cr.Misc. No.43772 of 2016 (2) dt.19-10-2016 2/2 petitioner submits that admittedly, petitioner is the wife of the deceased, whose dead body was found in the Orchard in the hanging condition. It is further submitted that there was land dispute between the informant and deceased. Due to that reason the petitioner, who is wife of the deceased, has also been implicated in this case. Further submission is that co-accused Phool Jha has already been allowed anticipatory bail by a Bench of this Court vide Cr. Misc. No. 21463 of 2016 on 31.08.2016. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Jhanjharpur, Madhubani in connection with Bhairav Ashthan P.S. case No. 92 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T