Regular bail sought by a widow accused in a murder FIR where police charge-sheeted her under Section 306/34 IPC for allegedly abetting suicide. Court granted bail, citing completed investigation, suspicion-based allegations, and her three minor children.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6026 of 2023
Arising Out of PS. Case No.-79 Year-2022 Thana- TARABARI District- Araria
======================================================
Jayanti Devi @ Maso. Jayanti Devi W/O Late Birendra Sah Resident of Village- Baturbari, Ward no.- 7, P.S.- Tarabari, District- Araria.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sharma, Adv. For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
Let the defects, if any, pointed out by the office be
removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Sessions Trial No. 510/2022 arising out of Tarabari P.S. Case No. 79 of 2022 registered for the offence punishable under Section 302/34 of the Indian Penal Code but the chargesheet was filed under Section 306/34 of I.P.C.
As per the prosecution, the informant alleged that his son was killed by this petitioner along with other co-accused persons on account of previous enmity.
The main submissions advanced by petitioner's
Patna High Court CR. MISC. No.6026 of 2023(2) dt.03-04-2023 2/3
counsel are that mainly on the basis of suspicion the petitioner has been dragged in this case and as per the prosecution’s allegation, the deceased had illicit relationship with this petitioner and mainly on the basis of said illicit relationship, the petitioner and other co-accused were suspected and except suspicion, there is no any material to connect the petitioner to the alleged crime and moreover after the investigation, the police filed charge-sheet under Section 306/34 of I.P.C. against the petitioner and others. Further submission is that the petitioner is a widow lady having three minor children and in the present matter, she has been languishing in jail since 17.08.2022, in fact the petitioner has no any relation with the deceased and she did not abate the deceased to commit suicide and the alleged offence of 306 of I.P.C. is not made out against her.
Learned APP appearing for the State has opposed the bail prayer.
In view of the facts, as stated above and mainly considering the facts that the investigation has been completed against the petitioner and the petitioner is a woman having three minor children as stated above and the FIR was lodged mainly on the basis of suspicion against the petitioner and others, in my
Patna High Court CR. MISC. No.6026 of 2023(2) dt.03-04-2023 3/3
opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Sessions Trial No. 510/2022 arising out of Tarabari P.S. Case No. 79 of 2022.
(Shailendra Singh, J)
annu/-
U T
1 issue framed by the court
Whether the petitioner, charged under Section 306/34 IPC on a suspicion-based FIR, should be granted regular bail in the pending sessions trial.
2 provisions across 2 enactments
Jayanti Devi @ Maso. Jayanti Devi
The State Of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
