Meera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30625 of 2023 Arising Out of PS. Case No.-87 Year-2022 Thana- VALMIKINAGAR District- West Champaran ====================================================== Meera Devi Wife of Geda Natt Resident of village - Lav Kush Ghat Valmiki Nagar, P.S. - Valmiki Nagar, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, 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.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Valmikinagar P.S. Case No. 87 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code.

4. The accused/petitioner is named in the F.I.R. and is in custody since 01.09.2022.

5. The allegation against the petitioner is to Commit murder of husband of informant alongwith other co-accused persons/family members by causing head injuries, where assault was alleged to be caused by lathi and rod.

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated falsely with present case only

Patna High Court CR. MISC. No.30625 of 2023(3) dt.13-07-2023 2/2 being wife of main co-accused Geda Natt. It is submitted that if narration of F.I.R. be taken into consideration then injury as received by deceased on his head appears to be fatal but post-mortem report suggests cause of death as "asphyxia due to Bimanual throttling". While concluding the argument, it has been submitted that petitioner is a man 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.

7. Learned APP opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above, as petitioner is a lady of clean antecedent coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 01.09.2023, accordingly, above named petitioner is directed to be released on bail in connection with Valmikinagar P.S. Case No. 87 of 2022 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 Judicial Magistrate 1st Class, Bagaha, West Champaran/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

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