Sudama Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83695 of 2023 Arising Out of PS. Case No.-346 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== Sudama Devi, aged about 40 years, Femasle, W/o Dayanand Kumar @ Dayanand Prasad R/o village-Mahdaya, P.S-Meenapur, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Minapur (Meenapur) P.S. Case No.346 of 2023 registered for an offence punishable under Sections 147, 149, 341, 323, 504 and 302 of the Indian Penal Code.
3. As per allegation in the FIR, it is a case of abduction of the daughter of the informant and when the informant and his wife went to the co-accused persons they assaulted both which resulted in the death of the wife of the informant.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is general and omnibus allegation against him and also love affairs between co-accused Jaikant Kumar and daughter of the informant and the wife of the informant died due
Patna High Court CR. MISC. No.83695 of 2023(3) dt.20-02-2024 2/2 to cardiac arrest. He next submits that similarly situated coaccused person has already been granted regular bail by a Coordinate Bench of this Court passed in Cr. Misc. No. 85314 of 2023. Petitioner has got no criminal antecedent as stated in para3 of the petition and she is in custody since 15.08.2023 and chargesheet has already been submitted. He next submits that no external injury is shown in the postmortem report of the deceased.
5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and submission made on behalf of the petitioner, the prayer for regular bail of the petitioner is allowed. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Court No.8 of learned Judicial Magistrate, Ist Class, Muzaffarpur (East)/concerned Court in connection with Minapur (Meenapur) P.S. Case No. 346 of 2023.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T