Maya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7519 of 2023 Arising Out of PS. Case No.-264 Year-2021 Thana- NOKHA District- Rohtas ====================================================== MAYA KUMARI D/o Shree Ram Singh R/v- Lalganj (Doma Tola), P.S.- Nokha, District- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Sinha No.1, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Nokha P.S. Case No. 264 of 2021 dated 18.11.2021 registered for the offence under Sections 302/34 of the Indian Penal Code. The petitioner along with her family members are alleged to have committed murder of the son of the informant. It is alleged the deceased was a tenant in the house of the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submits that it appears

Patna High Court CR. MISC. No.7519 of 2023(2) dt.05-05-2023 2/3 form the F.I.R. itself that the informant suspects that the petitioner and her family members have committed murder of his son. He further submits that as a matter of fact, the deceased himself committed suicide by hanging himself. No one claims to have seen the alleged occurrence. He further submits that no specific allegation of commission of murder of the deceased is attributed to the petitioner in the F.I.R. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. Save and except suspicion, no cogent material has surfaced in this case against the petitioner to suggest her involvement in the alleged occurrence. The petitioner, who is a lady, is rotting in judicial custody since 20.11.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and the period of custody, let the, above named, petitioner be released 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 Additional Sessions Judge-IX, Sasaram in connection with Nokha P.S. Case No. 264 of 2021 with the following conditions:-

Patna High Court CR. MISC. No.7519 of 2023(2) dt.05-05-2023 3/3

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T