Seema Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8338 of 2019 Arising Out of PS. Case No.-62 Year-2018 Thana- HUSSAINGANJ DistrictSiwan ====================================================== Seema Kumari, female, aged about 20 years, D/o Bishundeo Yadav resident of village-Deipur, P.S-Hussainganj, District- Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Tiwary, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 498(A), 304(B)/34 of the Indian Penal Code registered in connection with Hussainganj P.S. Case No. 62 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because she happens to be the unmarried sister of the husband of the deceased. It is submitted that the petitioner is living separately from the deceased and her husband and had no concern with day to day matters. Husband has not been made accused in this case. Similarly situated co-accused Bishundeo Yadav and Kunti Devi who are the father-in-law and mother-in-law respectively of the deceased have been granted anticitpatory bail by this Court in Cr. Misc. No. 55329 of 2018. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from

Patna High Court Cr.Misc. No.8338 of 2019(2) dt.13-02-2019 2/2 the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 62 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Ibrar//- U T