Memin Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.551 of 2021 Arising Out of PS. Case No.-64 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== MEMIN DEVI W/o Munna Rajbhar R/o village- Sonbarsa, P.S.- Shahpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and 25 (1-b)a/26/27/35 of the Arms Act.

Prosecution case as lodged by the informant is that on 08.03.2020 he received telephonic massage about the incident through Babu Mishra then he reached there where he saw his son was lying dead in the filed. It is stated that co-villager Krishna Kumar Mishra and others told him that Kulshekhar Mishra and Ajay Rajbhar killed his son Ashok Kumar Mishra by making firing resulting he died at spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is mother of co-accused Ajay

Patna High Court CR. MISC. No.551 of 2021(3) dt.23-03-2021 2/2 Rajbhar and has not committed any offence as alleged. He submits that only on the basis of statement of one Krishan Kumar Mishra, the petitioner made accused in this case. The submits that there is specific allegation upon co-accused Kulshekhar Mishra and Ajay Rajbhar who fired on the deceased. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 11.03.2020.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Shahpur P.S. Case No. 64 of 2020.

(Anjani Kumar Sharan, J) devendra/- U T