Lalmuni Devi @ Lal Muhani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65894 of 2023 Arising Out of PS. Case No.-834 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Lalmuni Devi @ Lal Muhani Devi Wife of Raben Yadav @ Rabin Yadav @ Ramendra Yadav R/o vill - Birahania (Birniya), ward no. 12, P.S. and Distt. - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP For the Informant :
Mr. Alok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P. for the State.
02. In the present case, the petitioner is apprehending his arrest in connection with Madhepura P.S. Case No. 834 of 2022, registered on 02.09.2022, for the alleged offence under Sections 364, 365, 120(B) of the Indian Penal Code.
03. As per prosecution case, the daughter of the informant was married with the son of the petitioner and the allegation is that the petitioner and other co-accused persons have been demanding Rs. 2,00,000/- and Aadhar Card of the informant and when the said demand was not fulfilled, then they killed the daughter of the informant and disposed of her dead body within two years of her marriage.
Patna High Court CR. MISC. No.65894 of 2023(3) dt.20-12-2023 2/3
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no eye witness to the alleged occurrence. From the F.I.R., it is clear that the daughter of the informant was living happily in her matrimonial home and she was blessed with a child, but the child died and for this reason, the daughter of the informant was under depression and left the matrimonial home and her whereabout are not known to the petitioner and other co-accused persons. Moreover, there is only general and vague allegation against the petitioner, which is omnibus against all the accused persons. The police failed to collect any substantive material against the petitioner to show her complicity. The husband of the daughter of the informant is also in judicial custody since 14.02.2023.
05. Learned A.P.P. for the State as well as learned counsel for the informant oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the marriage of the daughter of the informant was solemnized only two years back and she died in her matrimonial home and the petitioner and other co-accused persons disposed of her dead body.
06. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.65894 of 2023(3) dt.20-12-2023 3/3 submission made on behalf of the parties and considering the lack of substantive material against the petitioner and further considering the possibility of false accusation, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura/concerned court in connection with Madhepura P.S. Case No. 834 of 2022 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) Ashish/- U T