Minta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65302 of 2021 Arising Out of PS. Case No.-109 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Minta Devi W/o Indradev Yadav Resident of Village - Vanshi Bigha, P.S.- Belaganj, Distt.- Gaya.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP For the informant :
Mr. Ajay Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2022 Heard learned Senior Counsel for the petitioner and the learned APP for the State and the learned counsel for the informant Mr. Ajay Kumar Sinha.
Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks.
The petitioner seeks regular bail in connection with Belaganj P.S. Case No. 109 of 2021 registered under sections 302, 201, 34 of the Indian Penal Code.
The prosecution story in brief is that on 28.3.2021, the co-accused Chandradeo Yadav and Indradeo Yadav called the husband of the informant and took him to their home. The informant alleged that the petitioner and other co-accused persons killed her husband and threw his body near a railway
Patna High Court CR. MISC. No.65302 of 2021(3) dt.16-05-2022 2/3 line.
The learned Senior Counsel submits that a bare perusal of the FIR would show that it was Chandradeo Yadav and Indradeo Yadav who had called the deceased's husband of the informant from his home and took him with them and later she came to know that he has been killed. He further submits that two FIRs came to be lodged against this petitioner one relating to her daughter and present one relating to the killing of Yogesh Yadav. He submits that in the said Belaganj P.S. Case No. 108 of 2021 which was registered under sections 302, 201, 34 of the Indian Penal Code, the petitioner herein has been granted bail by a coordinate bench of this Court on 25.3.2022 vide Cr. Misc. No. 51413 of 2021. He further submits that the petitioner is in custody since 28.6.2021 (as stated in para-10 of the bail application.).
Considering the fact that the FIR specifically states that accused Chandradeo Yadav and Indradeo Yadav were the persons who took the deceased from his house as also that charge-sheets have been submitted and is in jail since 28.6.2021; this Court is inclined to grant her the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.65302 of 2021(3) dt.16-05-2022 3/3 like amount each to the satisfaction of learned A.C.J.M.-IInd , Gaya, in connection with Belaganj P.S. Case No. 109 of 2021 subject to the following conditions:- (i) one of the bailors should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail her cancellation of bail by the Trial Court itself;
(iii) she shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of her bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T