Manakwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25493 of 2018 Arising Out of PS. Case No.-77 Year-2016 Thana- JHAJHA District- Jamui ====================================================== Manakwa Devi, Wife of Jagat Yadav, Resident of Village Domai, Police Station Jhajha, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with S.Tr. No. 40 of 2018, arising out of Jhajha P.S. Case No. 77 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Informant in his fardbeyan has stated that land dispute is pending between informant and accused and his new born child of 8 months was kept on a small cort. At 5:30 A.M. his wife had gone out and taking advantage of their absence the accused killed his 8 months child by strangulation, the reason of killing is enmity between the family members. It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case because of land dispute and Title Suit being pending between the

Patna High Court Cr.Misc. No.25493 of 2018(6) dt.20-08-2018 2/2 parties. It has been further submitted that child was suffering from several ailments and was under treatment by doctors. In the postmortem report there is no injury on the neck or body of deceased as such the allegation of strangulation is not true. In the postmortem report the cause of death has been opined by the doctors as asphyxia. It has been submitted that police after investigation found case false against Jagat Yadav, Sanjay Yadav and Pavrit Yadav, and has submitted final form against them. There is no eye-witness. Petitioner is a lady. Petitioner is in custody since 20.11.2017.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. F.T.C. - 1st , Jamui, in connection with S. Tr. No 40 of 2018 arising out of Jhajha P.S. Case No. 77 of 2016. (S. Kumar, J.) Rajiv/- U