Kunti Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.16578 of 2017 (2) dt.06-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16578 of 2017 Arising Out of PS.Case No. -243 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kunti Devi, wife of Chalitar Pandit

2. Sanju Devi, wife of Late Binod Pandit @ Late Tiwary Pandit

3. Mantu Kumari, daughter of Chalitar Pandit All are resident of village Subaiya, P.S. Keseriya, District East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner : Mr. Vijay Shankar Shrivastava For the Opposite Party : Mr. R.P.Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-04-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 23.09.2016 in connection with Kesariya P.S .Case No. 243 of 2016 for the alleged offences under Sections 302/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated only on suspicion and there is no eye witness to the alleged occurrence. The petitioners are ladies being the mother-inlaw, wife and sister-in-law respectively of the deceased who claim clean antecedents. There is no material whatsoever to connect the petitioners with the alleged occurrence. The charge sheet has been submitted and there is no chance of tampering with the evidence.

Patna High Court Cr.Misc. No.16578 of 2017 (2) dt.06-04-2017

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 23.09.2016 already suffered, let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kesariya P.S .Case No. 243 of 2016 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioners.

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

(iii) That the petitioners will be well represented on each and every date and if they fail to do so on two consecutive dates without sufficient reason, their bail bonds will be liable to be cancelled by the Court concerned.

(Vikash Jain, J) Chandran/BT U T