Mina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6155 of 2021 Arising Out of PS. Case No.-157 Year-2014 Thana- BIKRAM District- Patna ====================================================== MINA DEVI D/O VIRENDRA YADAV RESIDENT OF VILLAGE SUNDERPUR, P.S. BIKRAM, DISTRICT PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baxi S. R. P. Sinha, Sr. Adv.
For the Opposite Party/s :
Mr.Anant Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2021 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.
The petitioner seeks regular bail in connection with Bikram Police Station Case No. 157 of 2014, registered for the offence punishable under Sections 341/323/324/307/302/34 of the Indian Penal Code.
The prosecution story, as per the First Information, is that on 20.07.2014, the informant got information from her villagers that her husband, Girija Kumar, was admitted in the hospital and after getting such information, she rushed to the hospital along with her family members and when she reached the hospital, the second wife of her husband (the petitioner), her mother Kaushalya Devi and her brother, Munna Yadav, were
Patna High Court CR. MISC. No.6155 of 2021(3) dt.24-06-2021 2/3 present and upon seeing the informant, they fled away from the hospital. The informant has stated that her husband had sustained head injury, due to which the husband of the informant died in the hospital.
Learned Senior Counsel for the petitioner submits that the petitioner has falsely been implicated in this case by the first wife of the deceased and the petitioner is the second wife of the deceased. He further submits that from perusal of the First Information Report, it would be evident that the informant has alleged that the petitioner was having illicit relationship with coaccused Shailesh Yadav, which was not to the liking of the deceased and upon protest by him, the accused persons assaulted the informant's husband, due to which he died. He further submits that except suspicion and bald statement, there is no material to show the involvement of the petitioner in the present offence and similarly situated co-accused persons, namely, Virendra Kumar (by order, dated 21.05.2019, passed in Criminal Misc. No.
18319 of 2019) and Munna Yadav (by order, dated 31.07.2019, passed in Criminal Misc. No. 46029 of 2019) have been granted bail by co-ordinate benches of this Court. He next submits that the petitioner is in custody since 19.05.
Patna High Court CR. MISC. No.6155 of 2021(3) dt.24-06-2021 3/3 there is no likelihood of the petitioner being abscond or tamper with the evidence.
Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is a lady, she is in custody since 19.05.2020, charge sheet has been submitted in this case and similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Bikram Police Station Case No. 157 of 2014. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √