Juli Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76810 of 2023 Arising Out of PS. Case No.-482 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Juli Devi Wife Of Late Sanjay Jha Resident Of Village- Rampur Balra, P.S.- Kudhani, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bipin Chandra For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code. The prosecution case, in short is that on 04.10.2022, the informant got information about the murder of his nephew, namely Sanjay Kumar Jha. It is alleged that the informant went at the place of occurrence and found the dead body of his nephew in the pool of blood and his throat was slit with sharp edged weapon. It is further alleged that the son of the
2/4 deceased told the informant that in the night at about 3:00 a.m, he found that his mother was missing from the bed and he also heard some whispering sound at the Verandah. Further, the son of the deceased told that some medicine was given by co-accused Amit Kumar Jha to be handed over to his mother. It is further alleged that some affairs was going on between co-accused Amit Kumar Jha and the wife of the deceased. Upon which, the F.I.R has been registered against co-accused Amit Kumar Jha and wife of the deceased who is petitioner before this Court.
It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely been implicated in this case. The petitioner has been roped in this case at the instance of her agnates who want to grab her property. The petitioner has no concern with co-accused Amit Kumar Jha. The informant alleged in the F.I.R that 8-10 months prior to the incidence, she fled away with Amit Kumar Jha but he did not show any
3/4 proof regarding the elopement of the petitioner with Amit Kumar Jha. During investigation also, no substantial material evidence was collected against the petitioner. The petitioner is languishing in custody since 06.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused person has been granted bail by a coordinate Bench of this Court vide order dated 15.09.2023 passed in Cr. Misc. No. 44349 of 2023.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, West, Muzaffarpur in connection
4/4 with Sessions Case o. 126 of 2023, arising out of Kudhani P.S. Case No. 482 of 2022.
(Sunil Kumar Panwar, J) Shageer/- U T