Sima Devi @ Sima Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11888 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- DANDKHORA District- Katihar ====================================================== Sima Devi @ Sima Kumari Daughter of Sakal Deo Chouhan R/o villageNawada, P.S- Dandkhora, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

The brother of the informant had entered into love marriage with the petitioner and was residing since last seven days in the parent's house of the petitioner. There was quarrel between the two spouse and allegation is that murder was committed by committing assault at testicle of the deceased. The postmortem report does not show any assault at testicle rather strangulation was cause of death. There is no direct evidence against the petitioner to be involved in the murder of

Patna High Court CR. MISC. No.11888 of 2019(3) dt.07-05-2019 2/2 her husband nor there is any strong motive to commit such crime. Petitioner is in custody since 01.09.2018. Investigation of the case is complete.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dandkhora P.S. Case No. 80 of 2018, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Banti/Rajan U T