Menka Devi @ Menika Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29810 of 2022 Arising Out of PS. Case No.-162 Year-2014 Thana- PAROO District- Muzaffarpur ====================================================== MENKA DEVI @ MENIKA KUMARI W/o Manjay Das Resident of VillageKoiriya, P.S.- Paroo, District- Muzaffarapur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard both sides.

The petitioner apprehends her arrest in connection with Paroo P.S. Case No.162 of 2014, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that son of the informant, namely, Manjay Das went to his in laws house on 10.06.2014 on the request of his father-in-law. On 22.06.2014, the informant got information that condition of his son is critical. When informant was in the way, he got information that his son was in Saraiya Hospital. When the informant reached the house of Surendra Das (father-in-law of Manjay Das), the house was locked. Next day, the father-in-law of the deceased informed the informant that his son Manjay Das has died and

Patna High Court CR. MISC. No.29810 of 2022(5) dt.30-01-2023 2/3 they have cremated his body. The informant alleged that in laws of his son including his wife, namely, Manka Devi @ Menika Kumari caused the death of his son, Manjay Das. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is no eye witness of the occurrence and only on suspicion, the petitioner has been made accused in the instant case. It is submitted that similarly situated co-accused, Pramod Das has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.11.2017, passed in Cr. Misc. No.52362 of 2017. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact similarly situated co-accused has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court, let petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.29810 of 2022(5) dt.30-01-2023 3/3 satisfaction of learned A.C.J.M.-III (West), Muzaffarpur in connection with Paroo P.S. Case No.162 of 2014, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T