Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4162 of 2020 Arising Out of PS. Case No.-224 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== Gita Devi aged about 40 years, Female, W/o Late Bindhyachal Sah Resident of Purshotampur, P.S.- Shikarpur, Distt- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

24-01-2020 Heard learned counsel for the parties.

The petitioner, who is lady, seeks bail in Shikarpur P.S. Case No. 224 of 2019 registered for the offence under Sections 302, 120(B)/34 of the Indian Penal Code. As per prosecution case, the informant and his father were coming on motorcycle, then altogether twelve persons named in F.I.R. including this petitioner, armed with certain weapons, surrounded them and starting assaulting father of the informant, as a result of which, the father of the informant died on the spot itself.

It is submitted on behalf of the petitioner that petitioner is a lady and she has falsely been implicated in this case. There is general and omnibus allegation. It is further submitted that there is no overt act against the petitioner. She was simply a member of the mob and she is in custody since

Patna High Court CR. MISC. No.4162 of 2020(2) dt.24-01-2020 2/2 04-09-2019, having clean antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner 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 learned Chief Judicial Magistrate, Bettiah, District West Champaran in connection with Shikarpur P.S. Case No. 224 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T