Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23645 of 2020 Arising Out of PS. Case No.-238 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== Munni Devi W/o Jai Jai Ram Das Resident of Village- Bariyarpur Western, Ward No.4, P.S.- Khodawandpur, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhushan Poddar, Advocate For the Opposite Party/s :

Dr. Mrityunjay Kumar Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-11-2020 Heard Mr. Braj Bhushan Poddar, learned counsel for the petitioner and Dr. Mrityunjay Kumar Gautam, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Khodawandpur P.S. Case No. 238 of 2019 registered for the offence punishable under Section 302/34 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that the daughter of the informant was killed on 09.11.2019 by her husband and other accused persons including the petitioner by assaulting her with lathi, danda etc.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to

Patna High Court CR. MISC. No.23645 of 2020(4) dt.09-11-2020 2/3 suspicion and she happens to be the sister-in-law (Gotni) of the deceased. Learned counsel further submits that the Police after investigation submitted charge sheet under Sections 306 and 201/34 of the Indian Penal Code. Learned counsel also submits that the petitioner is in custody since 23.01.2020 having no criminal antecedent.

On the other hand, learned counsel for the State referring to the case diary submits that husband of the deceased was having illicit relationship with the petitioner. Having heard learned counsel for the parties and taking into consideration the materials on record, the fact that the Police has submitted charge sheet under Section 306 and 201/34 of the Indian Penal Code and petitioner is in custody since 23.01.2020 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Manjhaul, Begusarai, in connection with Khodawandpur P.S. Case No. 238 of 2019.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.23645 of 2020(4) dt.09-11-2020 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T