Priyanka Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10559 of 2023 Arising Out of PS. Case No.-229 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== Priyanka Devi Wife of Dhirendra Singh @ Pintu Singh R/v- Sadaibigha, P.S.- Barhiya, District- Lakhisarai, Bihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail who is in custody since 25.10.2022 in connection with Barhiya P.S. Case No. 229 of 2022, F.I.R. dated 23.10.2022 for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. According to prosecution case, the informant got information that a dead body of a lady is thrown near village Dumri Bahiyar and when he reached there he found that the dead body was in a very bad condition and he claimed that she was murdered by some unknown persons.
Patna High Court CR. MISC. No.10559 of 2023(3) dt.12-07-2023 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R and the name of the petitioner has been transpired during investigation on the basis of the statement of the witnesses which was recorded in paragraph 17, 19 and 42 of the case diary. He further submits that except the aforesaid, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 25.10.2022.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Lakhisarai in connection with Barhiya P.S. Case No.
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date
Patna High Court CR. MISC. No.10559 of 2023(3) dt.12-07-2023 3/3 fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled 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.
3. 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) Vanisha/- U T