Maina Kumari @ Maina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7546 of 2021 Arising Out of PS. Case No.-23 Year-2014 Thana- MAIN P.S. District- Gaya ====================================================== MAINA KUMARI @ MAINA DEVI D/O Late Karu Mahto R/o VillageChanil, P.S. - Okri, Dist.- Gaya. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Manoj Mahto S/O Nandu Mahto Muhalla- Akda Fatak, 7 No.-Pan Khet, Post Bartalla, P.S. - Arvind Nagar, Dist. - Chobis Pargana (West Bengal). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar 'V.Kumar'

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending her arrest in a case registered under Sections-302, 201/34 of the Indian Penal Code. Allegedly, the informant's sister was killed by accused persons by pouring kerosene oil on her and her dead body was disposed of without intimation to her brother and other relatives. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.7546 of 2021(3) dt.29-11-2021 2/2 petitioner. The petitioner has been falsely implicated in the present case. The petitioner is a lady. She is not named in the FIR. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. From perusal of the order of Sessions Court, it appears that in course of investigation, the witnesses have stated that the deceased died due to burn injury which was suffered by her in course of cooking meal. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Main P.S. Case No. 23 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.