Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56153 of 2022 Arising Out of PS. Case No.-532 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== MANJU DEVI Wife of Sagar Mahto @ Ram Sagar Mahto Resident of Village - Raghopur Chaturganj, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 08.04.2022, in connection with Bidupur P.S. Case No. 532 of 2020, F.I.R. dated 05.12.2020, for the offences punishable under Sections 302/34 of the Indian Penal Code.

According to prosecution case, the petitioner is alleged to have taken Rs. 3 lac from the father of the informant and on the date of alleged occurrence the petitioner came at the house of the informant and told the father of the informant to come along with her to settle the account of money and hence the father of the informant went to the house of petitioner but he did not return until the next morning then the informant enquire about his father and found his father was hanged by a mango

Patna High Court CR. MISC. No.56153 of 2022(4) dt.20-04-2023 2/3 tree.

Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case merely on the basis of suspicion. He further submits that informant is not an eyewitness of the alleged occurrence. He further submits that except suspicion, no other cogent material has come during investigation against the petitioner to connect her involvement in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 08.04.2022.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 532/2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.56153 of 2022(4) dt.20-04-2023 3/3 and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T