Shamudri Devi @ Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70013 of 2022 Arising Out of PS. Case No.-51 Year-2014 Thana- DEWARIA District- Muzaffarpur ====================================================== Shamudri Devi @ Sumitra Devi Wife Of Late Methur Sah R/O VillageDharphari, P.S.- Deoriya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Naveen Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is not named in the F.I.R. and apprehended his arrest in connection with Deoriya P.S. Case No.51 of 2014 registered for the offences punishable under Sections 302, 201, 364 and 34 of the Indian Penal Code. The allegation against the petitioner is to commit murder of the mother of informant alongwith other named coaccused persons due to property related disputes. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in this case for the sole reason that she is the mother of main co-accused namely Raju Sah. It is submitted that dispute is regarding family

Patna High Court CR. MISC. No.70013 of 2022(2) dt.27-04-2023 2/2 property, accordingly the name of petitioner was also raised as an after thought during the course of investigation while petitioner recorded his re-statement. While concluding the argument it is submitted that petitioner is a lady of clean antecedent.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as petitioner is a lady of clean antecedent, appears to be implicated as mother of main co-accused Raju Sah, the petitioner above named, in the event of her arrest or surrender before the court below within a period of four weeks, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur/concerned Court below where the case is pending in connection with Deoriya P.S. Case No.51 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T