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Patna High CourtCR. MISC./30632/2023bail granted

Sumitra Devi v. The State Of Bihar

2023-07-13Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30632 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Sumitra Devi Wife Of Bechan Safi Resident Of Village-Baba Pokhar, PsJaynagar, Dist-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Jaynagar P.S. Case No. 49 of 2023 registered for the offence under Sections 302, 201, 120-B/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 03.02.2023.

The allegation against the petitioner is to commit murder of daughter of informant, who is none but daughter-in-law of the petitioner, alongwith other co-accused persons/family members, where occurrence arises out of family disputes and differences. Learned counsel appearing on behalf of the petitioner submitted that the thrust of allegation is available against the husband of the deceased and implication of this petitioner only appears being

Patna High Court CR. MISC. No.30632 of 2023(3) dt.13-07-2023 2/2 mother of husband of deceased. It is submitted that petitioner being mother-in-law living separately with deceased and her husband and having no connection with daily and domestic affairs. While concluding the argument, it has been submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is mother-in-law, a lady of clean antecedent coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 03.02.2023, accordingly, above named petitioner is directed to be released on bail in connection with Jaynagar P.S. Case No. 49 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T