Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52996 of 2015 Arising Out of PS.Case No. -158 Year- 2015 Thana -ROSERA District- SAMASTIPUR ====================================================== Rekha Devi Wife of Late Shiv Kumar Sahni, Resident of Village - Sobhan, P.S. - Khanpur, District - Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. S. N. P. Sinha, Sr. Advocate Mr. Jitendra Narain Sinha, Advocate Mr. Rohit Kumar, Advocate Mr. Rekha Bemker, Advocate Mr. Nita Kumari, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Rosera P. S. Case No. 158 of 2015 under Sections 302 and 201/34 of the Indian Penal Code.

It has been contended that the FIR is based on the fardbeyan of the informant. The petitioner is the wife of the deceased She Kumar Mahto. She has not been named in the FIR. Her name transpired in the confessional statement of coaccused Rambriksh Mahto. It has been further contended that apart from confessional statement made by Rambriksh Mahto,

Patna High Court Cr.Misc. No.52996 of 2015 (3) dt.05-02-2016 2/2 there is no other material to connect the petitioner with the alleged offence.

On the other hand, learned counsel for the State has contended that the petitioner has conspired with Rambriksha Mahto to eliminate her husband Shiv Kumar Mahto. He has further contended that in course of investigation, it transpired that Yogendra Mahto and Rambriksha Mahto actively participated in commission of murder of husband of the petitioner.

Regard being had to the facts and circumstances of the case as also the period already undergone in custody, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera (District- Samastipur) in Rosera P. S. Case No. 158 of 2015.

(Ashwani Kumar Singh, J.) Kanchan/- U T