Laxmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50308 of 2024 Arising Out of PS. Case No.-306 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Laxmi Devi W/o Sivanath Rai R/o Village Pipara Ragho Rajapur, P.S.- Sahebganj, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brahmaputra Singh Ishu, Advocate Ms. Poonam Kumari, Advocate For the Opposite Party/s :
Mr. J.N. Thakur, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2025 Heard learned Counsel for the petitioner as well as the learned APP for the State.
2. The petitioner apprehends her arrest in connection with A.B.P. No. 1319 of 2024 arising out of Sahebganj P.S. Case No. 306 of 2023, registered for the offences punishable under Sections 201, 304(B)/34 of the Indian Penal Code.
3. The informant is father of the deceased. As per allegation, the daughter of the informant was married to Chandan Kumar. The couple were blessed with two children. The informant has mentioned in the F.I.R. that since 20.06.2023, his daughter became trace-less and her mobile number 9060427998 was also found switched off. The informant further
Patna High Court CR. MISC. No.50308 of 2024(5) dt.18-01-2025 2/3 alleged that the matrimonial inmates after committing murder of the deceased, threw away her dead body. The petitioner who is mother-in-law of the deceased is said to have frequent quarrel with the deceased prior to her death.
4. Learned Counsel for the petitioner submits that during investigation, the informant has given a written letter to the investigating authorities mentioning there that co-villager, Jai Mangal Rai has committed murder of the deceased. This fact is revealed in paragraph-34 of the case diary. It has also detected during the investigation that the mobile location of the deceased as per CDR was found in Madhya Pradesh on 18.06.2023 which shows that she was in Madhya Pradesh on that date.
5. On the other hand, Mr. J.N. Thakur, learned Additional Public Prosecutor opposed the prayer for anticipatory bail by submitting that there is specifically stated in the F.I.R. that the petitioner is mother-in-law of the deceased, had quarrel with the deceased prior to the occurrence. The informant has specifically stated in his letter that co-villager, Jai Mangal Rai has committed murder of the deceased and he did not mention complicity of the petitioner in the alleged occurrence.
6. Considering the above-mentioned facts and
Patna High Court CR. MISC. No.50308 of 2024(5) dt.18-01-2025 3/3 circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Muzaffarpur (West) in connection with Sahebganj P.S. Case No. 306 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Neha/- U T