Madhu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33011 of 2025 Arising Out of PS. Case No.-292 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Madhu Kumari W/O Sri Pancham Mehta R/O Mohalla Tulsi Mandi, P.s.- Alamganj, Dist.- Patna.
... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kr. Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner makes a prayer for bail in connection with Alamganj P.S Case No.292 of 2025 registered for offences under Sections 103, 238 and 3(5) of the B.N.S., 2023.
3. The allegation in the First Information Report is that a dead body was found near the Railway over-bridge and the Police got a secret information that a thief had entered the house of one Pancham Mehta, who along with his family members assaulted the said person to death. On such information, the Police reached the house of Pancham Mehta and found some blood stains and a broken stick.
4. It is submitted by the learned counsel for the
Patna High Court CR. MISC. No.33011 of 2025(2) dt.22-05-2025 2/3 petitioner, who is the wife of the said Pancham Mehta that around 3-4:00 a.m., a thief had entered the house, who was caught by the family members of Pancham Mehta and he was taken outside the house and assaulted. Police got to know through secret information that the thief was dragged outside and assaulted till the time he died and the dead body was left there. It has also transpired that the maid servant of the house, Anita Devi disclosed before the Police that the petitioner had called her to the house for cleaning up the floor.
5. Learned counsel for the petitioner also submits that it would be apparent, as per the F.I.R., that a thief had entered the house of Pancham Mehta and he was assaulted by the said Pancham Mehta and his family members, including the petitioner. However, it has been submitted that no trail of blood or mark of dragging was found from the house of the petitioner to the place where the dead body was allegedly recovered. Further, it has been submitted that even if the story in the F.I.R. is to be believed, which is through a secret information from persons, who have not disclosed their identity, it would only appear that the thief was assaulted in the house of the petitioner and his family members.
6. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.33011 of 2025(2) dt.22-05-2025 3/3 bail application.
7. Taking into consideration that the petitioner is a female member of the house and she has no criminal antecedent and has remained in custody since 17.03.2025, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City, in connection with Alamganj P.S Case No.292 of 2025, subject to the conditions that the petitioner shall cooperate in the investigation/trial. (Soni Shrivastava, J) sharun/- U T