Arti Devi @ Kajal Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37984 of 2022 Arising Out of PS. Case No.-150 Year-2021 Thana- BASOPATTI District- Madhubani ====================================================== 1.
ARTI DEVI @ KAJAL KUMARI W/o Late Vikash Mandal Resident of Village- Bhaiyya Patti, P.S.- Basopatti, District- Madhubani. 2.
Binda Devi W/o Upendra Mandal Resident of Village- Bhaiyya Patti, P.S.- Basopatti, District- Madhubani.
3.
Upendra Mandal S/o Shravan Mandal Resident of Village- Bhaiyya Patti, P.S.- Basopatti, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 302 and 120B of the Indian Penal Code.
As per the prosecution case, a U.D. Case was lodged by the wife of the deceased with respect to the unnatural death of her husband. Subsequently it transpired in the postmortem report that the cause of death was due to throttling and not hanging. Thus, the FIR.
It is submitted by learned counsel for the petitioners that the petitioners are the wife, the mother-in-law and the father-in-law of the deceased. They have been falsely implicated
Patna High Court CR. MISC. No.37984 of 2022(3) dt.20-01-2023 2/2 in the case. It was the wife herself who lodged the U.D. Case and thus if there had been anything suspicious, she would not have reported the matter to the authorities. No incriminating material has transpired in course of investigation to connect the petitioners with the alleged crime. The petitioners are in custody since 10.8.2021 and undertake to cooperate in the trial. Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the nature of material that has transpired in course of investigation, the petitioners being in custody for 1 year 5 months since 10.8.2021 and investigation in the case having concluded, the Court directs the above named three petitioners to be enlarged on bail in connection with S.Tr. no. 43 of 2022 (arising out of Basopatti P.S. Case no. 150 of 2021) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge X, Madhubani.
(Partha Sarthy, J) Prakash/- U