Jagtaran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78085 of 2023 Arising Out of PS. Case No.-462 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== Jagtaran Devi W/O Harichandra Shah R/O Vill - Gayghat, P.S.- Gayghat, Dist.- Muzaffarpur.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan No. II Mr. Pranav Kumar Mrs. Priyanka Kumari Mrs. Anjana Gupta For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
Prosecution case in nutshell is that informant's daughter/deceased, namely, Nitu Kumari was married to co-accused Deepak Sah in the year 2012. After two
2/4 years of the marriage, all the accused persons started demanding Rs. 5,00,000/- from the informant other wise they will not keep her daughter and threatened of dire consequences. It is further alleged that when the informant went to meet her daughter and grandchildren, she did not find them. Later on, she came to know that her daughter and both grand-children were killed by the accused persons and dead bodies were thrown in the river, which were recovered from the river. It is submitted by learned counsel for the petitioner that the petitioner is innocent and she has falsely been implicated in the present case. Petitioner is mother-in-law of the deceased and she has no concern with the mess and business of the deceased as well as her husband. There is no specific overt act of allegation against the petitioner. There is no eye witness of the alleged offence. The ample responsibility to keep his wife and children with honor and dignity was upon husband of the deceased ie. co-accused Deepak Sah, who is
3/4 incarcerating behind bar. Moreover, the petitioner is languishing in judicial custody since 05.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail and submitted that petitioner also used to torture the informant's daughter/ deceased and her children and later on, she along with other coaccused persons committed murder of the three persons. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, petitioner being a lady as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gayghat P.S. Case No. 462 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned
4/4 Judicial Magistrate, 1st Class, Muzaffarpur (East). (Sunil Kumar Panwar, J) Nirajkrs/- U T