Bina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65309 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- BARDAHA District- Araria ====================================================== Bina Devi Wife of Shankar Mandal R/O Vill.- Satber, Ward no. 07, P.S.- Bardaha, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bardaha P.S. Case No. 36/2024 dated 13.05.2024 registered for the offence punishable u/s 302, 201 read with 34 of the Indian Penal Code.

3. As per the prosecution case, on 13.05.2024 at 10 am, the informant came to know that his sister-in-law Ms. Fekni Devi had been killed and thrown at a distance of 100 meters north of the primary school Satveer. On reaching there, he saw that the entire stomach of her body was burnt and a layer of skin was removed from the stomach and there were burnt marks on the face, legs, hands and neck. Thereafter, the deceased was

Patna High Court CR. MISC. No.65309 of 2024(2) dt.30-09-2024 2/3 brought to her house and both her sons who live in Punjab were informed and the eldest son Shankar Mandal was informed but he did not appear and fled from the house. Prior to the incident, Shankar Mandal had beaten his mother Ms. Fekni Devi and broke her head due to a land dispute, in relation to which an FIR was lodged in Bardaha police station in which Shankar Mandal also went to jail. Shankar Mandal used to constantly threaten his mother that he would kill her and throw her away. Shankar Mandal and the petitioner along with some unknown people together killed the deceased Ms. Fakeni Devi.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a lady. The petitioner has no concern with the alleged occurrence. There is no eye witnesses of the alleged occurrence. The petitioner has three criminal antecedents and she is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.65309 of 2024(2) dt.30-09-2024 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Bardaha P.S. Case No. 36/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T