Minta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51413 of 2021 Arising Out of PS. Case No.-108 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== MINTA DEVI W/o Indradev Yadav Resident of Village- Vanshi Bigha, P.S.- Belaganj, District- Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-03-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal code.
As per the prosecution case, secret information was received that one Indradeo Yadav along with his brother, wife (petitioner herein) and unknown accused persons had strangulated his daughter to death and were trying to dispose off the body by burning the same with kerosene oil. It is further stated that on inquiry from the villagers, it transpired that the daughter of Indradeo Yadav and the petitioner herein was having a love affair with their neighbour Yugesh Yadav and as a result thereof the present accused persons had also killed Yugesh Yadav. As the daughter of Indradeo Yadav had knowledge about this occurrence and was threatening that she would disclose it to the villagers, she was killed.
It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.51413 of 2021(3) dt.25-03-2022 2/2 the petitioner who happens to be the mother of the deceased has been falsely implicated in the case for oblique reasons. From the FIR itself as also from the material that has transpired in course of investigation, there is no eye-witness to the occurrence. No material has transpired to connect the petitioner with the alleged murder of her daughter. The petitioner is in custody since 31.3.2021 and charge sheet has been submitted in the case. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner being a lady as also the mother of the deceased, there being no eyewitness to the occurrence and the petitioner having remained in custody for more than 11 months, the Court directs the petitioner to be enlarged on bail in connection with Belaganj P.S. Case no. 108 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-II, Gaya. (Partha Sarthy, J) Prakash/- U