Munni Devi @ Dukhani Devi @ Lalmuni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46021 of 2022 Arising Out of PS. Case No.-343 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== Munni Devi @ Dukhani Devi @ Lalmuni Devi Wife Of Late Ramchandra Paswan R/O Village- Jamunia Kachahari Tola, Sagar, P.S.- Jagdishpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Asif Kalim, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Nautan (Jagdishpur) P.S. Case No.343 of 2019 registered for the offences punishable under Sections 302, 328 and 34 of the Indian Penal Code.

As per the prosecution, this petitioner is alleged to have killed the informant's father by administering poison to him.

The main submissions advanced by the learned

Patna High Court CR. MISC. No.46021 of 2022(2) dt.08-12-2022 2/3 counsel Mr. Asif Kalim appearing for the petitioner are that in the FIR only suspicion was raised against the petitioner, in fact the deceased was in habit of taking sleeping pills and the said fact was revealed by the witnesses during the course of investigation and petitioner was the second wife of the deceased and there was no reason for her to kill her own husband and in the FIR any motive on the part of the petitioner to kill the deceased was not revealed, in fact on the alleged date of occurrence petitioner was not present at the house of her deceased husband and the death of the deceased might have occurred due to the overdose sleeping pills. Further submission is that the petitioner has been languishing in jail since 03.07.2020.

Learned APP Md. Aslam Ansari appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR. The petitioner is stated to be the wife of the deceased and against her only suspicion was raised by the informant regarding her involvement in the murder of the deceased and as per FIR no direct evidence appears against the petitioner. Considering these facts as well as the petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of the

Patna High Court CR. MISC. No.46021 of 2022(2) dt.08-12-2022 3/3 petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Nautan (Jagdishpur) P.S. Case No.343 of 2019.

(Shailendra Singh, J.) sangam/- U T