Mugli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33206 of 2020 Arising Out of PS. Case No.-71 Year-2020 Thana- DHARHARA District- Munger ====================================================== MUGLI DEVI Wife of Late Sahdeo Hembrum Resident of Barmanni, P.S.- Dharhara, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Opposite Party/s :

Mr.Dilip Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Dharhara P.S. Case No. 71 of 2020 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. The informant has alleged in the F.I.R. that her son had gone to his in-laws' place whereafter he did not return. His dead body was subsequently recovered. The petitioner is the widow of the deceased. From the postmortem report, it transpires that the deceased died due to asphyxia caused by drowning.

Learned counsel appearing on behalf of the petitioner has submitted that the materials collected in course of

Patna High Court CR. MISC. No.33206 of 2020(3) dt.18-01-2021 2/2 investigation suggest that the deceased died due to drowning. There are no materials collected during the course of investigation that the petitioner or any other person named in the F.I.R., was in any way instrumental in the death of the deceased. He has further submitted that the motive behind the occurrence has not been specified in the F.I.R.

On perusal of the case diary, I find substance in submissions made on behalf of the petitioner for the purpose of consideration of present application for regular bail that the petitioner has been made accused only on the basis of suspicion. Considering the facts and circumstances, this application is allowed.

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 the Sri Vishwajeet Kumar, learned Judicial Magistrate, 1st Class Munger in Dharhara P.S. Case No. 71 of 2020.

(Chakradhari Sharan Singh, J) AKASH/- U T