Patna High CourtCR. MISC./41092/2014bail granted

Sona Kumari v. The State Of Bihar

2015-01-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41092 of 2014 Arising Out of PS.Case No. -11 Year- 2014 Thana -GOBARDHANA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sona Kumari W/o Jaglal Basko, resident of village- Aurahiya, P.S.- Haveli Kharagpur, District- Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 23-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 02.05.2014 in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. The FIR was lodged against unknown when the brother of the informant went missing when the suspicion was raised against the husband of this petitioner being the brother of the informant.

During investigation this petitioner confessed that she has illicit relationship with the victim. The victim came on the fatal night in a drunken state when petitioner's husband killed

Patna High Court Cr.Misc. No.41092 of 2014 (03) dt.23-01-2015 2/2 the victim Birbal and put the dead body in septic tank. Subsequently on the basis of confession the dead body was recovered from septic tank.

It is submitted by learned counsel for the petitioner that even assuming the facts stated in confession including the illicit relationship of the petitioner with the victim no offence under Section 302 of the IPC is made out against this petitioner.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bagaha, West Champaran in connection with Gobardhan P.S. Case No. 11 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T