← Library
Patna High CourtCR. MISC./11722/2021allowed

Ful Kumari v. The State Of Bihar

2021-07-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11722 of 2021 Arising Out of PS. Case No.-411 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== Ful Kumari D/O Late Govind Prasad @ Late Govind Bind @ Late Bal Govind Bind Resident Of Village- Baragandhar Pokharpar, (Baragedhar), P.S.- Muffassil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Mufassil P.S. Case No. 411/19 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution case, allegation against the petitioner is that petitioner in association with wife and son of the deceased and her own family members killed the brother of the informant Govind Bind due to non fulfillment of demanded money of Rs. 50,000/-. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.11722 of 2021(2) dt.23-07-2021 2/2 petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that there is no eye witness who have come to support the involvement of the petitioner in this case. He submits that there is no specific allegation of the demand of money against the petitioner, whereas, specific allegation of demand of money is against co-accused Munna Bind who has already been granted bail vide order dated 15.01.2021 in Cr. Misc. No. 26382 of 2020 by a Co-ordinate Bench of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is a lady having no criminal antecedent and has been languishing in custody since 20.02.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to 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 satisfaction of the learned C.J.M., Gaya in connection with Mufassil P.S. Case No. 411 of 2019. (Anjani Kumar Sharan, J) GAURAV S.