Tara Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2444 of 2024 Arising Out of PS. Case No.-161 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== TARA DEVI WIFE OF BHOLAN MUKHIYA RESIDENT OF VILLAGE - BHAKHRAIN, P.S. - MADHEPUR, DISTRICT - SUAPUL ... Petitioner/s

Versus

THE STATE OF BIHAR .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baleshwar Kamat, Adv.

For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Madhepur PS Case no. 161 of 2023 registered under sections 302, 201 and 120B of the Indian Penal Code.

3. As per the prosecution case, the informant states that he received information about the daughter of the petitioner having been done to death. The informant states that on serious interrogation the petitioner disclosed that she had taken her daughter to the doctor on her complaining about stomach ache but on further investigation, it transpired that she along with members of her family named in the FIR had killed her and disposed of her body. It is further stated that the cause of occurrence was the affair of the petitioner's daughter with one

Patna High Court CR. MISC. No.2444 of 2024(3) dt.16-04-2024 2/3 Rajesh Mukhiya.

4. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case on the basis of an unsubstantiated suspicion raised in the FIR. No material has transpired even in course of the investigation to connect the petitioner with the alleged crime. The petitioner is in custody since 26.3.2023 and charge-sheet has been submitted in the case.

5. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the material that has transpired in course of investigation, the petitioner being mother of the alleged victim and having remained in custody for over 9 months since 26.3.2023, the Court directs the petitioner to be enlarged on bail in connection with Madhepur PS Case no. 161 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Rohan Ranjan, learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani on the following conditions:-

(1) The petitioner shall remain physically present in court on each date of the trial and shall cooperate in the trial.

(2) In case the petitioner is absent on any single date

Patna High Court CR. MISC. No.2444 of 2024(3) dt.16-04-2024 3/3 for reasons not to the satisfaction of the learned trial Court or the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take her into the custody till conclusion of the trial. (Partha Sarthy, J) perwez U T