Niranjan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3417 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- PIYAR District- Muzaffarpur ====================================================== Niranjan Devi W/o Kumod Sharma @ Kamod Sharma R/o vill - Simra Chowk, P.S. - Piyar, Distt. - Muzaffarpur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Vinay Paswan S/o Gango Paswan R/o vill - Simra Chauk @ Shrikant, P.S. - Piyar, Distt. - Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Hari Kishore Thakur For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-09-2024 The opposite party no.2 has also appeared through vakalatnama.

2. Heard learned counsel for the appellant, learned counsel for the opposite party no.2 and learned APP for the State.

3. In this case, the petitioner is seeking regular bail in connection with Piyar P.S. Case No. 105 of 2024, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Sections 3(2)(v), 3(2)(va) of the SC/ST Act.

4. As per allegation, in the morning, when the informant's daughter raised alarm upon which he went inside the house then he found that his wife's hands and legs were tied with the help

Patna High Court CR. APP (SJ) No.3417 of 2024(4) dt.21-09-2024 2/3 of muffler. Thereafter, the informant with the help of villagers got down his wife and by that time, his wife had died.

5. The learned counsel for the appellant has submitted that the deceased herself had taken money from self-help group but she could not return and it was the reason that she had committed suicide. Learned counsel for the appellant has further submitted that the deceased had died in her own house and the F.I.R. was lodged after delay of two days. The appellant has falsely been implicated in this case. The appellant is a lady of clean antecedent and she is under custody since 11.06.2024.

6. On the other hand, learned counsel for the informant has opposed the prayer for bail by submitting that F.I.R. shows itself that flip-flop of the husband of the appellant was found in the house of the informant. Learned counsel for the appellant replied that it cannot be said that the flip-flop was belonging to the husband of the deceased.

7. Considering the above-mentioned facts and circumstances, let the appellant above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (POA) Act, Muzaffarpur in connection with Piyar P.S. Case No. 105 of 2024, subject to the following condition:-

Patna High Court CR. APP (SJ) No.3417 of 2024(4) dt.21-09-2024 3/3 (i) The appellant will cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the appellant.

(II) Before accepting the bail bond the criminal antecedent of the petitioner shall be verified and if it is found that she is involved in any other case, her bail bond shall not be accepted.

(Nawneet Kumar Pandey, J) Guddu/- U T