Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6352 of 2020 Arising Out of PS. Case No.-240 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== MEENA DEVI Wife of Late Sitaram Das Resident of Village - Pavai, P.S.- Amarpur, District - Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Anita Kumari Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 08-06-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302 of the Indian Penal Code.

Informant has alleged that on 05.08.2019 at about 7:00 p.m. in the evening, her father-in-law had gone out of home but did not return till whole night. On 06.08.2019 at 6.30 a.m., her Fufera Sasur Mukesh Das called on mobile that her father-inlaw has been murdered by someone by pricking knife in his neck and his dead body is lying at Pathra Bahiyar beside the road in Sardho. Thereafter, she along with her family members

Patna High Court CR. MISC. No.6352 of 2020(4) dt.08-06-2020 2/3 went there and found his dead body.

It has been submitted on behalf of the petitioner that she is innocent and has falsely been implicated in this case at the instance of her enemies. Petitioner is not named in the FIR. Chargesheet has been submitted against the petitioner. There is no eye-witness of the occurrence. Petitioner has no criminal antecedent and she is in custody since 08.08.2019. Considering the aforesaid facts and circumstances of the case and also the fact that petitioner is a lady, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sabour P.S. Case No. 240 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate 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 her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.6352 of 2020(4) dt.08-06-2020 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T