Amerika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78880 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- HAYAGHAT District- Darbhanga ====================================================== Amerika Devi W/O Lal Bahadur Choudhary R/O Village- Chhoti Manopur, P.SHayaghat, Distt.- Darbhanga. ... ... Petitioner/S

Versus

The State of Bihar.

.... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-03-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Hayaghat P.S. Case No. 95 of 2023, registered for the offences punishable under Section 302/34 of the Indian Penal Code.

3. The allegation against above named petitioner is to commit murder of daughter of informant, who is none but the daughter-in-law of the petitioner, where occurrence is alleged to be arises out of disputes related with monetary transaction of Rs. 50,000/-.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is mother-in-law of deceased. It is submitted that informant is not the eye-witness of the occurrence and merely on the basis of suspicion out of relation as petitioner is mother-in-law of deceased, she was

Patna High Court CR. MISC. No.78880 of 2023(3) dt.05-03-2024 2/2 implicated with present false case. It is further submitted that the thrust of allegation available against son of petitioner, who is the husband of the deceased. Petitioner is a lady of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances, as petitioner is mother-in-law, where thrust of allegation is available against husband of deceased, coupled with the fact that petitioner is a lady of clean antecedent, accordingly, above named petitioner, in the event of her arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIII, Darbhanga/concerned Court, where the case is pending in connection with Hayaghat P.S. Case No. 95 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T