Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40569 of 2020 Arising Out of PS. Case No.-435 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== MEENA DEVI Wife of Chandrama Bhagat Resident of Rajendra Nagar, Ward No. 4, P.S.- Bettiah Town (Kalibagh O.P.), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 17.07.2020 in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No. 435/2020 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, 2-3 days prior to the occurrence, some altercation took place between the husband of the petitioner (co-accsued Chandrama Bhagat) and brother of the informant (Rayees Lal Kumar). During the altercation, they snatched mobile phone of brother of the informant and on demand, they refused to return the same. It is further alleged that the petitioner later on came to the house of the informant

Patna High Court CR. MISC. No.40569 of 2020(2) dt.09-02-2021 2/3 and threatened to kill his brother and on 15.07.2020, the informant received information that dead-body of his brother Rayees Lal Kumar is lying near the ditch full of water. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case due to previous enmity and only because she is wife of co-accused Chandrama Bhagat. It is further submitted that there is no eyewitness to the occurrence and the petitioner has been roped in the present case only on the basis of suspicion. It is next submitted that petitioner is a lady having no criminal antecedent. Petitioner has been in custody since 17.07.2020. Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed.

Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No.

Patna High Court CR. MISC. No.40569 of 2020(2) dt.09-02-2021 3/3 the Court on her absence on two consecutive dates without sufficient reason, her bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T