Sunita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1912 of 2021 Arising Out of PS. Case No.-319 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== Sunita Kumari Wife Of Pramod Kumar Sah R/O Village- Gauri, P.S.- Nanpur, District- Sitamarhi.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ashok Kumar Jha, Advocate For the Respondent/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-07-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical Court.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 06.02.2021 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Sitamarhi, in connection with Pupri Police Station Case No.319 of 2020 registered under Sections 341/323/324/302/34 of the Indian Penal Code and Sections 3(i)(r)(s)(w)(1)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court CR. APP (SJ) No.1912 of 2021(2) dt.08-07-2021 2/3 Atrocities) Act, 1989.

Appellant is first wife of co-accused Pramod Kumar Sah. The informant's daughter was second wife. The main allegation is against Pramod Kumar and suspicion is against the appellant and others to be involved in the murder of the daughter of the informant.

Submission is that there is no eyewitness of the occurrence. Only material is suspicion. Investigation of the case is already complete.

Considering the facts aforesaid, let the appellant, 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 the aforesaid case, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellant shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

(c) The appellant shall not leave the country without permission of the trial Court.

Patna High Court CR. APP (SJ) No.1912 of 2021(2) dt.08-07-2021 3/3 Accordingly, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- U T