Madhu Devi @ Madhu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51228 of 2022 Arising Out of PS. Case No.-176 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== MADHU DEVI @ MADHU KUMARI Wife of Mukesh Sharma R/V- Mauji Than Singh , P.S- Bakhri, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 176 of 2022 registered for the offence under Sections 302 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 05.06.2022.

The allegation against the petitioner is to commit murder of son-in-law of the informant along with other co-accused persons/family members, where, dispute is founded over partition of family properties.

Learned counsel appearing on behalf of the petitioner submitted that admittedly, as per FIR, specific allegation to give

Patna High Court CR. MISC. No.51228 of 2022(2) dt.29-09-2022 2/2 fatal assault is against co-accused, namely, Dipak Kumar and not against this petitioner. It is also submitted that petitioner is an innocent lady of clean antecedent, who has been falsely implicated in the present case, only for the reason that she is one of the cosharer of the property. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation as regard to fatal assault is not available against this petitioner, rather same is against co-accused, Dipak Kumar, where, petitioner is a lady of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bakhri P.S. Case No. 176 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T