Jyoti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1170 of 2018 Arising Out of PS. Case No.-294 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== Jyoti Kumari Wife of Sri Mithilesh Prasad Resident of Village-Urei, P.S.- Wazirganj, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

Mr. SRI SANJAY KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Bodh Gaya P.S. Case No. 294 of 2017 registered for the offence punishable under Sections 302, 120(b), 34 of the Indian Penal Code.

The FIR was instituted on the basis of written report of the informant in which he stated that on 11.05.2017 my younger brother Chandra Kumar who was driver and owner of Inova and this Inova vehicle was given to the Big Baba of Thailand and Big Baba has given a room to the Chandra Kumar of one Suresh Yadav for rental purpose at Bodh Gaya since two

Patna High Court Cr.Misc. No.1170 of 2018(3) dt.06-02-2018 2/3 years. It has been further stated that on 11.05.2017 Suresh Yadav Bhante informed him that his brother, namely, Chandra Kumar is serious. When he reached near the house of Suresh Yadav with his family, he saw that a crowd had assembled there. It has been further stated that when he went in the house of Chandra Kumar then he saw the dead body of Chandra Kumar and he also stated that one Dinanath Guruji who is priest of B.T.M.C. had killed by the help of other persons.

Learned counsel for the petitioner submitted that petitioner is not named in the FIR and also not put up on TIP. It has been further submitted that she is innocent and has been falsely implicated in this case. It has been further submitted that she is not related to Big Baba and Dinanath Guruji who are the named accused in this case and after laps of 25 days of FIR the police arrested the petitioner with her mobile and sim. It has further been submitted that similarly situated co-accused namely, Banti Raj Gupta has been granted bail by this Hon'ble Court vide order dated 14.11.2017 passed in Cr. Misc. No. 43238 of 2017. It has further been submitted that petitioner has no criminal antecedent and she is in custody since 06.06.2017.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.1170 of 2018(3) dt.06-02-2018 3/3 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Gaya, in connection with Bodh Gaya P.S. Case No. 294 of 2017.

(S. Kumar, J) veena/- U T