Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60583 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- KHODAWANDPUR District- Begusarai ====================================================== Munni Devi, W/o Suresh Rajak, R/o Vill.- Meghaul , Ward No. 3, P.S.- Khodawandpur, District- Begusarai.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sudhanshu Shekhar, Advocate.
For the Opposite Party :
Mr. Uday Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending her arrest in a case for the offence registered under Sections 302 and 201/34 of the IPC. The prosecution story, in brief, is that on 16.06.2018 at 4.00 P.M. the son of the informant, namely, Rahul Kumar had gone to play. He did not come back by evening. On the next day at morning, his dead body was seen at the bank of Budhi Gandak river near Meboledab Ghat. The dead body was strangulated and there was sign of blood oozing on the ear. He suspected the hands of his villagers co-accused Raju Rajak, Sanjay Rajak, Shambhu Rajak, Rajan Rajak and Munni Devi (petitioner) and 3-4 unknown. According to the informant, his son was killed after kidnapping by pressing his neck and the
Patna High Court Cr.Misc. No.60583 of 2018(3) dt.05-12-2018 2/3 dead body was thrown into the water. The reason behind the occurrence is that the daughter of co-accused Shambhu Rajak had fled away with another body and in retaliation to that, the alleged occurrence took place. The accused persons had told the informant for searching the girl otherwise he will face bad consequences. The informant claimed that the F.I.R. named accused persons killed his son.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Except for suspicion, there is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest the participation of the petitioner in the alleged occurrence.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the
Patna High Court Cr.Misc. No.60583 of 2018(3) dt.05-12-2018 3/3 like amount each to the satisfaction of the learned A.C.J.M. Manjhaul, in connection with Khodawandpur P.S. Case No. 121 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T