Nirmali Devi @ Nirmala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22845 of 2021 Arising Out of PS. Case No.-7 Year-2017 Thana- RAJEPUR District- East Champaran ====================================================== NIRMALI DEVI @ NIRMALA DEVI Wife of Bhola Paswan @ Bholi Paswan D/o Triveni Paswan, Resident of Village - Hathilwa Math, P.S.- Baruraj, District - Muzaffarpur, At present Village - Salempur, P.S.- Rajepur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 24.11.2020, seeks regular bail in connection with Rajepur P.S. Case No. 07 of 2017, for the offence punishable under Sections 302, 201 and 120(B) of the Indian Penal Code.
The prosecution case, in brief, is that there is long standing land dispute between the parties and the petitioner has been suspected to have committed murder of Ajay Paswan. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and she has falsely
Patna High Court CR. MISC. No.22845 of 2021(5) dt.27-01-2022 2/3 been implicated in this case due to land dispute. He further submits that deceased committed suicide as Doctor has also found strangulation which caused asphyxia. He further submits that similarly situated co-accused Triveeni Paswan, Bhola Paswan and Ram Sakhi Devi have already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 23.06.2017 passed in Criminal Miscellaneous No. 21160 of 2017 and 05.07.2017 passed in Criminal Miscellaneous No. 23169 of 2017.
Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.
Considering the above mentioned facts and circumstances of the case, the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sadar, Motihari, East Champaran in connection with Rajepur P.S. Case No. 07 of 2017, subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.22845 of 2021(5) dt.27-01-2022 3/3 properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
(Purnendu Singh, J) manish/- U T