Janki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29027 of 2022 Arising Out of PS. Case No.-144 Year-2019 Thana- CHANDRAMANDI District- Jamui ====================================================== Janki Devi, W/o Laxman Tanti, R/o village- Bandar Bihga, P.S.- Chandramandi, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Pandey, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
In the present case, the petitioner seeks bail in connection with Chandramandih P.S. Case No. 144 of 2019 registered for the alleged offences under Sections 304(B)/201/506/34 of the Indian Penal Code.
The allegation against the petitioner is that she along with other co-accused persons killed her daughter-in-law and burnt her dead body on account of non-fulfillment of demand of the motorcycle by the co-accused husband.
Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased and general and
Patna High Court CR. MISC. No.29027 of 2022(3) dt.11-10-2022 2/3 omnibus allegations have been levelled against her along with other co-accused persons. No occurrence as alleged has ever taken place. The daughter-in-law of the petitioner died due to illness and the father of the deceased joined in cremation. The independent witnesses examined during investigation did not support the prosecution case. Moreover, for an occurrence stated to have taken place on 24.12.2019, the FIR was registered on 28.12.2019 and there is no explanation for the delay and it shows afterthought and deliberate attempt to falsely implicate the petitioner. The petitioner is in custody since 09.08.2021. Charge sheet has been submitted. The co-accused husband of the petitioner has been granted bail by a Coordinate Bench of this Court vide order dated 23.11.
2020 passed in Cr. Misc. No. 30559 of 2020. The case of the petitioner is similarly placed. However, the prayer for bail made on behalf of co-accused husband of the deceased has been rejected vide order dated 26.08.2021 passed in Cr. Misc. No. 16872 of 2021. Learned A.P.P. opposes the prayer for bail submitting that there is specific allegation against the petitioner along with other co-accused persons that they killed the daughter of the informant and burnt her dead body.
Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that the
Patna High Court CR. MISC. No.29027 of 2022(3) dt.11-10-2022 3/3 petitioner is stated to be the mother-in-law of the deceased and husband of the deceased is already in custody and further considering the submission of charge sheet and the period of custody of the petitioner, she is directed to 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, Jamui, in connection with Chandramandih P.S. Case No. 144 of 2019, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T