Phulo Devi @ Foolo Devi @ Fulo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19121 of 2016 Arising Out of PS.Case No. -159 Year- 2007 Thana -LAUKHI District- MADHUBANI ======================================================

1. Phulo Devi @ Foolo Devi @ Fulo Devi Wife of Bindeshwar Sah Resident of Village- Kachuarva, Police Station - Laukahi, District Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report and according to the written report of the informant, none has seen the actual killing of the deceased. Furthermore, the informant claimed that deceased had illicit relation with the husband of the petitioner. In course of investigation, daughter of deceased claimed that in the previous night of the alleged occurrence, petitioner and some others came at her home and took her mother. The alleged occurrence is said to have taken place in the year 2007 and, thereafter, processes were issued against the petitioner but submission on behalf of the petitioner is that the informant's

Patna High Court Cr.Misc. No.19121 of 2016 (2) dt.05-05-2016 2/2 maternal grand daughter had seen the petitioner and other accused taking her mother prior to the alleged occurrence and she could have certainly disclosed the aforesaid fact to the informant before institution of the present case and so far as issuance of proclamation and other processes is concerned, the aforesaid processes were issued against the petitioner much after the institution of the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,1st class, Jhanjharpur, Madhubani in connection with Laukahi P.S.Case No. 159 of 2007. (Hemant Kumar Srivastava, J) N.K/- U T