Petitioner, a female accused in a murder case involving poisoning due to a property dispute, sought regular bail. The court granted bail considering her gender and the fact that similarly situated co-accused had already been released on bail.
Petitioner released on bail of Rs. 10,000 with two sureties of similar amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50988 of 2021
Arising Out of PS. Case No.-587 Year-2020 Thana- AHIYAPUR District- Muzaffarpur
======================================================
MALTI DEVI @ MALATI DEVI Wife of Late Pawan Sahni Resident of Village - Vijay Chhapra, P.S.- Ahiyapur, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Hari Kishore Thakur, Adv For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 15-04-2022 Heard Mr. Hari Kishore Thakur, learned counsel for
the petitioner and Mr. Sanjay Kumar Tiwary, Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with Ahiyapur PS Case No. 587/2020 registered for the offence punishable under Sections 328/302/34 of the IPC.
As per First Information Report, the allegation is that the petitioner along with other accused persons called the father of the informant and administered poisonous food due to previous property dispute who, during course of treatment, died in SKMCH, Muzaffarpur.
Learned counsel for the petitioner submits that the petitioner is a lady and she has falsely been implicated in this case along with her other family members and the allegation
Patna High Court CR. MISC. No.50988 of 2021(2) dt.15-04-2022 2/2
against the petitioner is general and omnibus in nature. He further submits that other similarly situated accused persons, namely, Shivjee Sahani, Arun Sahani and Sanjiv Kumar Sahani @ Sanjeev Sahani have been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 26240/2021 and the petitioner being a lady is in custody since 12.04.2021.
Regards being hand to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted bail by a Co-ordinate Bench of this Court, charge-sheet has been submitted and the petitioner being a lady is in custody since 12.04.2021, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, MALTI DEVI @ MALATI DEVI 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 learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur PS Case No. 587/2020.
(Anil Kumar Sinha, J)
perwez
U T
2 issues framed by the court
Whether the petitioner, a female accused falsely implicated in a case involving poisoning, is entitled to regular bail considering her husband's death in treatment?
Whether release on bail with two sureties and a bond of Rs. 10,000 is appropriate in the present circumstances?
Malti Devi @ Malati Devi
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
