Munni Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.18748 of 2017 (2) dt.25-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18748 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -BAKHTIYARPUR RAIL P.S. District- PATNA ====================================================== Munni Devi Wife of Upendra Pal, Resident of Village-Majhauli Gadediya Tola, P.S. Salimpur, District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Sinha, Adv. For the Opposite Party/s : Mrs. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-04-2017 Heard both sides.

The petitioner seeks bail in Bakhtiarpur G.R.P. P.S. Case No. 87/2016, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The informant alleged that the petitioner and others killed his daughter and threw her dead-body on a railway track. Learned counsel for the petitioner submits that from perusal of fardbeyan of the informant itself, it appears that the dead body of his daughter was found on a railway track on 08.10.2015. The informant received the dead-body, but did not make any allegation against the petitioner who happens to be the mother-in-law of the deceased. Thereafter U.D. case No. 42/2015 was registered and the police after investigation submitted final

Patna High Court Cr.Misc. No.18748 of 2017 (2) dt.25-04-2017 form, but thereafter, the informant filed this case on 17.09.2016 i.e., after more than nine months from the date of registration of U.D. case and alleged that the petitioner and family members including the husband killed the daughter of the informant and threw her dead-body on a railway track. It is submitted that the entire allegation is false and concocted.

Considering the facts aforesaid and the fact that the informant did not make any allegation against the petitioner at the time of registration of U.D. Case No. 42/2015 and after nine months from the date of death of his daughter, the informant made allegation that the petitioner and others killed his daughter and threw her dead-body on a railway track, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IInd, Barh, Patna in connection with Bakhtiarpur G.R.P. P.S. Case No. 87/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T