Mahtabi Devi @ Mahatabiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82076 of 2019 Arising Out of PS. Case No.-143 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Mahtabi Devi @ Mahatabiya Devi, aged about 60 years (Female), W/o Late Basudeo Paswan, R/o village- Geruari, P.S.- Bakhtiyarpur, District- Patna. 2.

Asha Devi, aged about 26 years (Female), W/o Shrawan Paswan, R/o village- Geruari, P.S.- Bakhtiyarpur, District- Patna. 3.

Kanti Devi, aged about 24 years (Female), W/o Jitendra Paswan, R/o village- Geruari, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ashok Kumar Kashyap, Advocate.

For the Opposite Party :

Mr.Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case for the offence registered under Sections 302 and 201/34 of the IPC. The prosecution story, in brief, is that the informant solemnized marriage of his daughter with co-accused Lavakush Paswan in the year 2007 and his daughter has given birth of four child. Co-accused Lavakush Paswan and petitioners were involved in making country made liquor which always protested by his daughter Priyanka Devi. On 19.03.2019 at about 10.00 A.M. when she has again protested for making country made

Patna High Court CR. MISC. No.82076 of 2019(2) dt.18-12-2019 2/3 liquor, then they all have angry with her and killed her daughter and also displaced the dead body. He has further stated that he tried to search his daughter in his matrimonial house but nothing has been traced out about the dead body of his daughter. It has been submitted by learned counsel for the petitioners that the petitioners are in custody since 13.09.2019. The petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to mistake of fact. The petitioner no. 1 is the mother-in-law and petitioner nos. 2 and 3 are sisters-in-law (Gotanis) of the deceased.

They are separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. They have got no concern with the alleged occurrence. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Barh, Patna, in connection with Bakhtiyarpur P.S.

Patna High Court CR. MISC. No.82076 of 2019(2) dt.18-12-2019 3/3 Case No. 143 of 2018.

(Sudhir Singh, J) U.K./- U T