Lal Muni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40364 of 2021 Arising Out of PS. Case No.-59 Year-2019 Thana- SIRDALA District- Nawada ====================================================== LAL MUNI DEVI Wife of Pallu Manjhi R/o Village- Lebal Bhuanoi Bandh, P.S.- Sirdala, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 06.04.2021 seeks regular bail in connection with Sirdala P.S. Case No. 59 of 2019 registered for offence punishable under Section 147, 148, 149, 323, 364 of the Indian Penal Code and subsequently added under Section 302 of the Indian Penal Code read with under Section 3⁄4 of Dyan Act.
Prosecution case in brief is that on 10.02.2019 at about 8.30 a.m. while he was in his native village along with his wife and grand-daughter, F.I.R. named accused came to his
Patna High Court CR. MISC. No.40364 of 2021(2) dt.19-01-2022 2/3 house and started abusing and assaulting his wife and granddaughter. His wife was killed by the F.I.R. named accused as they suspected that she was practicing witch craft. In his restatement recorded in paragraph 8 of the case diary, the informant has stated that four sons of the petitioner caught hold of his wife and there is allegation against Pallu Manjhi of slitting the neck of wife of the informant.
Learned counsel appearing on behalf of the petitioner submits that there is no specific allegation of overt act against the petitioner and only allegation against her is that she was present along with other co-accused at the place of occurrence. Petitioner has got no criminal antecedent and she is in custody since 06.04.2021.
Learned A.P.P. has opposed the prayer for bail. Considering the facts and circumstances of the case and other two accused persons have already been enlarged on bail, the petitioner above named is directed to be enlarged to bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Nawada in connection with Sirdala P.S. Case No. 59 of 2019 subject to the following conditions:
Patna High Court CR. MISC. No.40364 of 2021(2) dt.19-01-2022 3/3 (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Niraj/- U T