Manju Devi @ Manju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65346 of 2019 Arising Out of PS. Case No.-166 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== MANJU DEVI @ MANJU YADAV W/o Surya Narayan Yadav Resident of Village- Fulbariya, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 Petitioner seeks bail in anticipation of her arrest in connection with Kishanpur P.S. Case No. 166 of 2019 registered for the offences punishable under Sections 147, 148, 149, 302 and 120B of the Indian Penal Code.

Prosecution case is that accused persons have called the deceased on mobile and when deceased, who was nephew of the informant, came there miscreants reached there on motorcycle and assaulted him and killed him.

Submission of learned counsel for the petitioner is that as a matter of fact nephew of the informant, Asmit Kumar has fired at the daughter of the petitioner and in such a situation scuffle took place and petitioner has falsely been implicated and moreover there is nothing against the petitioner in the FIR and even during investigation no material has come against her and

Patna High Court CR. MISC. No.65346 of 2019(3) dt.09-01-2020 2/2 except that she has called the deceased on phone there is no overt act against her.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail stating that it appears to be a case of honour killing. However, he has admitted that there is no specific allegation of killing the deceased against her.

In view of above facts and circumstances, let petitioner, in the event of surrender, be released on bail 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 Chief Judicial Magistrate, Supaul, in connection with Kishanpur P.S. Case No. 166 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T