Budhani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15624 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Budhani Devi Wife of Shambhu Mandal Resident of Village- Assi- Bigha, Police Station Alam Nagar(Ratwara), District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh, Advocate For the Opposite Party/s : Mr. Sri Harendra Prasad, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2.

12-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 10.01.2017, in connection with Alam Nagar P.S. Case No. 125 of 2016, registered for the offence punishable under Sections 302/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that her mother went out of the house to withdraw money from the Bank, as the father of the informant was residing in Delhi, and did not return. It is alleged that the petitioner and her husband, who are the own uncle and aunt of the informant, have earlier two days back given threatening to kill the informant's mother, and it is suspected that petitioner along with her husband has killed the mother of the informant.

It has been submitted by the learned counsel

Patna High Court Cr.Misc. No.15624 of 2017 (2) dt.12-04-2017 for the petitioner that she is innocent and has been falsely implicated in the aforesaid case due to being of inimical terms with the informant's mother. He submits that except suspicion no one is eye witness to the alleged occurrence, as the dead body was lying in water near Katoria Road, where the co-villagers found the dead body.

Learned counsel for the petitioner has submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned subDivisional Judicial Magistrate, Uda-Kishunganj, in connection with Alam Nagar P.S. Case No. 125 of 2016. (Nilu Agrawal, J.) Rajeev/- U T