High Court of Patna granted bail to a 72-year-old mother-in-law accused under Sections 302 and 201 IPC. Investigation completed, husband (main accused) in custody, no ante-mortem injuries. Fixed Rs. 10,000 bail with conditions.
Released on bail with bonds of Rs. 10,000 and two sureties, subject to conditions for trial attendance and no tampering.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58782 of 2021
Arising Out of PS. Case No.-464 Year-2021 Thana- FORBESGANJ District- Araria
======================================================
Fulsariya Devi W/O Bechan Mandal Resident of Village - Aaurahi Ward No.09, P.s.- Simraha (Forbesganj), Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
3 20-05-2022
Let the defects, if any, be removed within four weeks
from today.
Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr Mritunjay Kumar Nirala, Additional Public Prosecutor for the State through vgideo conferencing.
Petitioner seeks bail in a case registered in connection with Forbesganj P.S.Case No. 464 of 2021 for the offences punishable under Sections 302 and 201 of the Indian Penal Code.
As per the prosecution case, it is alleged that all the accused persons including the petitioner in connivance with each other have committed brutal murder of informant’s daughter by cutting her body into pieces and they have set ablaze the parts of body with a view to screen the evidence of
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murder.
It is submitted on behalf of the learned counsel for the petitioner that petitioner happens to be mother-in-law aged about 72 years is in custody since 29.06.2021. It is further submitted that there is general and omnibus allegation against all the accused persons and there is no eye witness to the alleged occurrence, even the informant is not an eye witness and moreover, this is not a case of 304B rather it is a case of 302 of the I.P.C. It is next submitted that during the course of investigation , it has come that husband of the deceased, has found responsible for his death and moreover, he is in custody.
On the other hand, learned Additional Public Prosecutor for the State opposed the bail application of the petitioner and submits that there is allegation against all the accused persons that they in connivance with each other killed the daughter of the informant by cutting her body into pieces and they have set ablaze the parts of body with a view to screen the evidence of murder. The allegation has also supported by the witnesses during the course of investigation.
Having heard the rival contentions of the parties and taking into consideration the fact that petitioner is mother-inlaw aged about 72 years and there is general and omnibus
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allegation against all the accused persons. Further during the course of investigation, the witnesses have stated that it is the husband, who is responsible for the death of the deceased and he is in custody. Apart from the fact that this petitioner is in custody since 29.06.2021, investigation has already been completed and charge sheet has been submitted and also the post mortem report does not suggest any ante mortem injury, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S.Case No. 464 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-
(i) The petitioner will cooperate in conclusion of the
trial.
(ii) She will remain present on each and every date of trial till disposal of the case.
(iii) She will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, her bail bonds will liable to be
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cancelled.
(Harish Kumar, J)
N.K/-
U T
1 issue framed by the court
Whether bail should be granted to a 72-year-old mother-in-law accused in a murder case under Sections 302 and 201 IPC pending trial.
2 provisions across 2 enactments
Fulsariya Devi
The State of Bihar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
