Mamta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41566 of 2021 Arising Out of PS. Case No.-243 Year-2020 Thana- PUNPUN District- Patna ====================================================== MAMTA DEVI W/O LATE BUDHDEV RAI R/O NURDIPUR, P.SPUNPUN, DISTRICT-PATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/120B/34 of the Indian Penal Code.
As per the prosecution case, on 30.10.2020 husband of the informant came to the house at about 9 PM and thereafter left the house taking way Rs. 20,000/- with him but he did not return till late night. It is further alleged that when she went to cowshed at 5 AM she found her husband lying dead with several assault injuries on his body leading to registration of the FIR against unknown.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that initially this petitioner was informant
Patna High Court CR. MISC. No.41566 of 2021(7) dt.11-04-2022 2/2 of this case but during the course of investigation, after 30 days of the occurrence, mother of the deceased named this petitioner on the ground that she had illicit relation with one Mantu and she raised suspicion that petitioner might have killed her husband. Save and except suspicion there is no material against this petitioner. There is no eye witness of the occurrence. Petitioner claims clean antecedent and is in custody since 12.11.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge- Masaurhi, Patna in connection with Punpun PS case No.243/2020.
(Prabhat Kumar Singh, J) BKS/- U T