Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10370 of 2019 Arising Out of P.S. Case No.-26 Year-2015 Thana- DUMRA District- Sitamarhi ====================================================== RENU DEVI, aged about 40 years, (Female), Wife of Kaushal Kishor Singh R/o village- Rasalpur, P.S- Dumra, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Dumra P.S.Case No.26 of 2015 for the offence alleged under Sections 302/34 of the Indian Penal Code although chargesheet has been submitted under Section 306/34 of the Indian Penal Code. The prosecution case as lodged by the informant is that his daughter Munni Devi was married to one Sushil Singh and the petitioner being Gotani of the deceased along with father-in-law have killed the daughter of the informant. It is alleged that the informant has received information that the daughter is ailing and thereafter he was again informed that his daughter has died of heart attack.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.10370 of 2019(2) dt.21-02-2019 2/3 petitioner that she is innocent and has been falsely implicated in the aforesaid case only on suspicion. He further submits that the informant had thereafter disclosed that the present case has been lodged under misconception which has been taken into consideration by a coordinate Bench of this Court while granting bail to the father-in-law in Cr.Misc.No.31455 of 2016 dated 09.09.2016. He further submits that the petitioner is a lady having a small child, chargesheet has already been submitted, there being no allegation of tampering with the prosecution evidence and the petitioner is languishing in judicial custody since nearly three months.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record and that on similar allegation the other coaccused has been granted the privilege of bail, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Dumra P.S.Case No.26 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, subject to the following conditions:- (i) One of the bailors would be a close relative of the

Patna High Court Cr.Misc. No.10370 of 2019(2) dt.21-02-2019 3/3 petitioner having sufficient immovable property, who will file an affidavit stating his/her relationship with the petitioner. (ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his/her bail bonds.

(Nilu Agrawal, J) B.Kr./- U T