Munari Devi @ Mundari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81676 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- SIGAUDI District- Patna ====================================================== Munari Devi @ Mundari Devi, Wife Late Jai Nandan Yadav Resident of Village - Bairiadih, P.S.- Sigori, Distt - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagmani Kumar, Advocate.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2020 Heard learned counsel for the petitioner, Mr. Satish Chandra Jha learned counsel for the informant and the learned A.P.P. for the State through video conferencing. The petitioner apprehends her arrest in connection with Sigori P.S. Case No. 70 of 2019, registered under Sections 302, 201 and 120(B) of the Indian Penal Code. The accusation is that on 28.07.2019, at about 2 P.M., informant, Blabanti Devi, was in the field along with her husband, Pintu Sao. At that time, her co-villager, Rabindra Yadav @ Master, came there and accompanied her husband Pintu Sao but he did not return. On search, no trace was found. Thereafter, on 30.07.2019 in the morning, dead body of her husband was found in the Dalan of Yogi Yadav. Thereafter,

Patna High Court CR. MISC. No.81676 of 2019(4) dt.03-07-2020 2/3 police along with villagers gathered there. The informant raised suspicion that her neighbours committed the murder of her husband, Pintu Sao. Thereafter, villagers came near the house of Ranju Devi, from where, bad smell was coming out from straw room and in that room, sent was also spread. On query, Ranju Devi disclosed that she committed the murder of her husband, Pintu Sao, with the help of Munari Devi (petitioner), Rabindra Ydadav, Surendra Yadav, Ananya Yadav, Ganju Devi in the straw house and the dead body was concealed in the wheat straw room and when the bad smelling was coming out then they took the dead body and conceal the same in the straw house of Yogi Yadav.

Learned counsel for the petitioner submits that while Pintu Sao, husband of the informant, was accompanied by Rabindra Yadav and he did not return but no information was given to the police station in that regard and after recovery of dead body from dalan of Yogi Yadav, petitioner has falsely been implicated in the present case mere on suspicion. Further submission is that while it is detailed in the FIR the bad smell was coming out from the straw room of the petitioenr but the Investigating Officer has not detailed this fact in the P.O. description, as detailed in paragraph 5 of the case diary. Further

Patna High Court CR. MISC. No.81676 of 2019(4) dt.03-07-2020 3/3 submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M.-V, Danapur, Patna, in connection with Sigori P.S. Case No. 70 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T