Sinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74052 of 2024 Arising Out of PS. Case No.-516 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Sinku Devi D/O Ram Sakal Mahto R/O Vill.- Matua, P.S.- Warisnagar, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jainandra Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
3. The case of the prosecution is that Chhotu Mahto was the brother of the informant who was missing from 29.11.2023 from the house. He has went to his Sasural. On 01.12.2023, the informant got an information that near Gurukul School, a dead body is lying, when the informant went there, he found that there was dead body of his brother. Aafter this, the dead body was brought to hospital for post mortem and he brought the body to his village for cremation. The informant suspects that
Patna High Court CR. MISC. No.74052 of 2024(4) dt.27-01-2025 2/3 the petitioner in connivance with other accused persons has committed murder and threw away the dead body. It is further alleged that the deceased was married to the petitioner in the year 2019 but their relation was not good. The petitioner did not want to live with the deceased which is subjected to cruelty to the deceased. She used to live at her paternal house where the deceased used to go once or twice. On 29.11.2023, when the deceased was at house, he received an information that Sinku Devi is going to solemnized marriage with Raju Kumar at Thaneshwar Temple, on this information, he went there. Admittedly, the petitioner is wife of the deceased.
4. 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 has got no criminal antecedent. It is also submitted that from perusal of the post mortem report, it is clear that the anti mortem injuries which were found on the body of the deceased are of superficial nature. The inquest report goes to show that the deceased was intoxicated. There is nothing except suspicion of the informant against this petitioner. There is no eye witness and charge sheet already been filed. It is further submitted that the petitioner is languishing in judicial custody since 12.06.2023.
Patna High Court CR. MISC. No.74052 of 2024(4) dt.27-01-2025 3/3
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. 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 Samastipur Mufassil P.S. Case No. 516 of 2023 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.-II, Samastipur.
(Ashok Kumar Pandey, J) Sudhanshu/- U T