Madhuri Devi Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Madhuri Devi Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail: petitioner to be enlarged on bail in connection with Sessions Trial no.738 of 2023 on bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VII, Vaishali at Hajipur.

Issue for consideration

Whether the petitioner, an accused in Sessions Trial no. 738 of 2023 (arising out of Bidupur P.S. Case no. 201 of 2019, Sections 302 and 34 IPC and Section 27 Arms Act), should be granted regular bail.

Court's answer

Regular bail granted taking into consideration the allegations in the FIR, grant of bail to similarly situated co-accused Anjali Devi (parity), the petitioner's custody of about seven months since 15.9.2023, and submission of the chargesheet.

Ratio / Principle

Petitioner directed to be enlarged on bail in Sessions Trial no.738 of 2023 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VII, Vaishali at Hajipur.

Detailed headnote1 paragraphs

BAIL — REGULAR BAIL GRANTED ON PARITY, LENGTH OF CUSTODY AND COMPLETION OF CHARGESHEET: Patna High Court (Partha Sarthy, J.), allowing Criminal Miscellaneous No. 27672 of 2024 (decided 19-04-2024) by petitioner Madhuri Devi seeking regular bail in Sessions Trial no. 738 of 2023 (Bidupur P.S. Case no. 201 of 2019, Vaishali) registered under Sections 302 and 34 IPC and Section 27 of the Arms Act. Prosecution alleges death of the informant's father by indiscriminate firing by Abhishek Kumar and Vivek Kumar Singh, with petitioner and another assaulting the informant's wife. Counsel argued false implication due to land dispute between agnate parties. Taking into account the FIR allegations, grant of bail to similarly situated co-accused Anjali Devi (order dated 26.5.2021, Cr. Misc. no. 8273 of 2021), the petitioner's custody for seven months since 15.9.2023, and submission of the chargesheet, the court enlarged her on bail on a bond of Rs. 10,000/- with two sureties of like amount before ASJ-VII, Vaishali at Hajipur.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27672 of 2024

Arising Out of PS. Case No.-201 Year-2019 Thana- BIDUPUR District- Vaishali

======================================================

MADHURI DEVI, WIFE OF DHARAMNATH SINGH, RESIDENT OF VILLAGE - MADHURAPUR, P.S. - BIDUPUR, DISTRICT - VAISHALI

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Jha, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

2 19-04-2024

Heard learned counsel for the parties.

The petitioner has preferred this application for grant

of regular bail in connection with Sessions Trial no. 738 of 2023, arising out of Bidupur P.S. Case no. 201 of 2019 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the informant states that as a result of digging of a ditch an altercation started between the parties. It is stated that the petitioner and one another called the other accused persons and as a result of indiscriminate firing by Abhishek Kumar and Vivek Kumar Singh, the informant’s father sustained injury and died. It is further stated that the petitioner and the wife of Vivek Kumar Singh assaulted the wife of the informant with a bamboo stick as a result of which she sustained injury on her head. After treatment she returned home.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.27672 of 2024(2) dt.19-04-2024 2/2

allegations levelled in the FIR are false and concocted. The parties are agnates and have been falsely implicated in the case because of land dispute. Co-accused Anjali Devi has been enlarged on bail vide order dated 26.5.2021 passed in Cr. Misc. no.8273 of 2021. The petitioner has no criminal antecedent and is in custody since 15.9.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, grant of bail to similarly situated co-accused Anjali Devi, the petitioner having remained in custody for 7 months since 15.9.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.738 of 2023 (arising out of Bidupur P.S. Case no.201 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII, Vaishali at Hajipur.

(Partha Sarthy, J)

avinash/-

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