Minta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45394 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -MALSALAMI District- PATNA ====================================================== Minta Devi, Wife of Fakira Choudhary, Resident of Vilage- Dahuchak Nagla, Police Station- Malsalami, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Mohan Tripathi For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Malsalami P.S. Case No.56 of 2017 registered for the offences punishable under Sections 365, 302, 201, 120(B)/34 of the Indian Penal Code. Allegation against the petitioner as per F.I.R. is that the petitioner is not named in the F.I.R. Later on, name of petitioner transpired. Submission of learned counsel for the petitioner is that petitioner confessed her guilt before the police and the mobile was recovered from possession of Raj Kumar Prasad @ Sonu. She is in custody since 17.6.2017 and there is delay of 12 days of lodging F.I.R. It has been submitted that Kaushal Kumar at the instance of the petitioner has killed the deceased. It has also been submitted that earlier also another son of the informant was killed. In that case, one Dilip Kumar was named accused and he has also confessed about his guilt and informant

Patna High Court Cr.Misc. No.45394 of 2017 (3) dt.17-10-2017 2/2 has also stated about his complicity in the present case also. Heard learned APP also.

Having heard both sides and in view of the facts and circumstances and except confession, there is nothing against the petitioner, she is a lady and she is in custody for four months, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-IV, Patna City, District- Patna in connection with Malsalami P.S. Case No.56 of 2017 subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned.

(2) Petitioner shall co-operate in trial and appear on each and every date and on failure to appear on two consecutive dates without showing any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) N.H./- U T