Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65454 of 2022 Arising Out of PS. Case No.-294 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== MEENA DEVI WIFE OF CHANESHWAR MANJHI R/O VILLAGEJAMUAWAN, P.S.- WAZIRGANJ, DISTRICT- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the husband of the informant by khanti, danda and rod, thereafter buried his dead body in the earth. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He submitted that there is no specific overt act against the petitioner. Postmortem has not been conducted in the present case because dead body buried. Petitioner is the mother of the deceased. There is general and

Patna High Court CR. MISC. No.65454 of 2022(3) dt.04-04-2023 2/2 omnibus allegation of assaulting against the petitioner. He further submitted that from the perusal of the case diary vide para- 6, 7 and 14 it appears that due to fighting for drinking toddy between the deceased and his brother namely, Rajesh Manjhi attacked by stick on head thereafter he died and buried the dead body in the earth. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. The petitioner is languishing in judicial custody since 08.07.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Wajirganj P.S. Case No. 294 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Gaya. (Sunil Kumar Panwar, J) arish/- U T