Patna High CourtCR. MISC./29165/2022bail rejected

Menka Kumari @ Menka Devi v. The State Of Bihar

2022-09-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29165 of 2022 Arising Out of PS. Case No.-177 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== Menka Kumari @ Menka Devi W/O Late Chhotelal Kumar @ Chhotelal Rai, R/o village- Bhusandi, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Rajepur P.S. Case No. 177 of 2021, lodged under Sections 302, 120B, 34 of the Indian Penal Code, 1860.

As per the prosecution case, the allegation against the petitioner is to kill the son of informant who is the husband of petitioner, as the informant categorically stated that there is a physical relation between the daughter-in-law (present petitioner) with the other accused Jitendra Kumar, which was time and again opposed by his deceased son.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.29165 of 2022(2) dt.16-09-2022 2/2 petitioner is a widow lady and wife of deceased, she has been falsely implicated in this case by her father-in-law. He further submits that petitioner is in custody since 17.11.2021 having clean antecedent and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, but hereby directing to the Trial Court to release the petitioner on bail after 3 months' of framing of charge on its own conditions so that the petitioner may not evade her appearance from trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ritik/- U T