Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71906 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== MALTI DEVI Wife of Late Manjhi Rai Resident of Village- Khairwa, P.S.- Punaura, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 302, 201, 498A and 34 of the Indian Penal Code.

As per prosecution case, the informant has believed that the petitioner along with other co-accused persons have committed murder of his daughter and has disappeared the dead body of his daughter after cremation.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. She has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is mother-in-law of the

Patna High Court CR. MISC. No.71906 of 2022(2) dt.17-03-2023 2/2 deceased and she is aged about 70 years. The husband of the deceased is already in judicial custody. Similarly situated coaccused has been enlarged on bail by a co-ordinate bench of this court vide order dated 17.01.2023 passed in Cr. Misc. No. 47106 of 2022. Petitioner has got no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for bail. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Punaura P.S. Case No. 99 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T