Somri Devi @ Bifiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43980 of 2022 Arising Out of PS. Case No.-98 Year-2022 Thana- GURUA District- Gaya ====================================================== Somri Devi @ Bifiya Devi Wife of Late Santan Chaudhary Resident of village- Nawabchak, P.S- Gurua, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the State :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Gurua P.S. Case No. 98 of 2022 registered for the offence under Sections 302 and 34 of Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 07.04.2022.

The allegation against the petitioner is to commit murder of married sister of the informant, while she was in her matrimonial home, alongwith other co-accused persons/family members.

Patna High Court CR. MISC. No.43980 of 2022(2) dt.18-11-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye witness of the occurrence and the allegation is based upon suspicion, as petitioner is mother of main accused. It is submitted that the thrust of allegation is available against the son of this petitioner, who is the husband of the deceased. It is further submitted that the petitioner, being mother, living separately and was also sleeping in different house, on the day of occurrence, having no connection with the daily and domestic affairs of her son and the deceased. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances. as mentioned above, as thrust of allegation is available against the son of the petitioner, who is a lady of clean antecedent, coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Gurua P.S. Case No. 98 of 2022 on furnishing

Patna High Court CR. MISC. No.43980 of 2022(2) dt.18-11-2022 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Sherghati, District Gaya/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- S.Tripathi/- U T