Veena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.512 of 2017 Arising Out of PS.Case No. -170 Year- 2016 Thana -AMNAUR District- SARAN ======================================================
1. Veena Devi, Wife of Upendra Sahani, Resident of Village-Chakee Shohagpur, P.S.-Paru, District-Muzaffarpur .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Priyank Deepak For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-05-2017 The appellant seeks regular bail in connection with Amnour P.S. Case No. 170 of 2016, registered for offences punishable under Section 302, 201/34 Indian Penal Code as well as under Section (2)(v) SC/ST (Prevention of Atrocities) Act. Allegation against the appellant and other co-accused persons of this case of killing the husband of the informant. It has been submitted on behalf of the appellant that only general and omnibus allegation has been levelled against the appellant, who happens to be a lady and has been in custody since 29.11.2016.
Learned Special Public Prosecutor opposed the prayer for bail.
Having heard both sides, considering the aforesaid facts
Patna High Court CR. APP (SJ) No.512 of 2017 (4) dt.19-05-2017 2/3 and circumstances and also from perusal of the case diary in which gist of postmortem report has been mentioned, it appears that cause of death cannot be ascertained and it is also not clear as to how many injuries was found on the person of deceased and also in view of the fact that appellant has been in custody since last six months, as such, this appeal is allowed. Let appellant, above named, be enlarged on bail on furnishing bail bond of `25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Saran at Chapra, in connection with Amnour P.S. Case No. 170 of 2016, subject to the following conditions:- (i) One of the bailors of the appellant shall be local one, having sufficient immovable properties within the jurisdiction of the court concerned.
(ii) Appellant shall not induce any witness or tamper with the evidence.
(iii) The appellant shall cooperate in the trial and make herself present as and when required by the court and on the event of failure on her part to appear before the court, on two consecutive dates, without
Patna High Court CR. APP (SJ) No.512 of 2017 (4) dt.19-05-2017 3/3 obtaining prior permission, prosecution will be free to move for cancellation of her bail bonds.
(Vinod Kumar Sinha, J) sunil/- U