Mamta Devi @ Amta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75974 of 2023 Arising Out of PS. Case No.-351 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Mamta Devi @ Amta Devi Wife Of Sanjeet Sahani Resident Of Village - Ismailpur Harauli, Police Station - Hajipur Sadar, District - Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 and 34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner along with other co-accused persons is that they committed murder of the informant's son and with intention to dispose the cadaver, tied it to Banana plant and left in the river for drowning.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case due to previous enmity. Informant is not the eye witness of the alleged occurrence. There

Patna High Court CR. MISC. No.75974 of 2023(2) dt.30-11-2023 2/2 is no eye witness who saw that petitioner was there at the time of occurrence. Nothing consistent material has come against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide Annexure-3 of this petition. Moreover, the petitioner is languishing in judicial custody since 16.09.2023.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 351 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Shubham/- U T