Maneshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36625 of 2020 Arising Out of PS. Case No.-108 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== MANESHWARI DEVI wife of RAJENDRA YADAV @ LADAN YADAV Resident of Village- Sangrampur, P.S.- Chanan, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Bilochan, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Nagendra Prasad.

The petitioner seeks regular bail in connection with Chanan P.S. Case No. 108 of 2019, registered for the offence punishable under Sections 302 and 328/34 of the Indian Penal Code.

The allegation is regarding the deceased victim lady having consumed poison resulting in her death and her marriage is stated to have taken place 10 years back with one Pampam Yadav.

Patna High Court CR. MISC. No.36625 of 2020(2) dt.30-01-2021 2/3 The learned counsel for the petitioner has submitted that the petitioner is mother-in-law of the deceased victim lady and a general and omnibus allegation has been levelled against her as also she is having a clean antecedent and she is languishing in custody since 20.06.2020. The learned counsel for the petitioner has further submitted that the father-in-law has already been granted bail by a coordinate Bench of this Court vide order dated 24.02.2020 passed in Criminal Miscellaneous No. 3693 of 2020 inasmuch as charge-sheet has been filed only under Section 306 of the Indian Penal Code and moreover, charges have also been framed under Section 306 of the Indian Penal Code against the father-in-law of the deceased victim lady.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials

Patna High Court CR. MISC. No.36625 of 2020(2) dt.30-01-2021 3/3 available on record as also considering the parity of the case of the petitioner with that of the coaccused person, who has already been granted bail by a coordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Lakhisarai in connection with Chanan P.S. Case No. 108 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T