Kushmi Devi @ Kusum Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30538 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -SIKANDARA District- JAMUI ======================================================

1. Kushmi Devi @ Kusum Kumari Wife of Ramesh Manjhi

2. Lukhwa Devi Wife of Darshan Manjh Both Resident of VillageLachhuad, P.S. Sikandra, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioners seek regular bail in Sikandra P.S.Case No.51 of 2017 for the offence under Sections 302, 120(B),34 of the I.P.C.

The informant in fardbeyan has alleged that dead body of his uncle was lying in a hut. It has further been alleged that the petitioners along with other accused persons had duped the uncle of the informant and acquired his land. It is the statement of the informant that the said accused persons, named in the fardbeyan, had not mentioned about the land acquired by them

Patna High Court Cr.Misc. No.30538 of 2017 (2) dt.06-07-2017 2/3 from uncle of the informant. On the basis of the said allegation, merely on suspicion F.I.R. has been instituted against the petitioners and other accused persons.

Learned counsel for the petitioners submits that the petitioners are named only on the basis of suspicion, there is neither any eye witness nor any substantial witness to show the complicity of the petitioners, petitioners are in custody since 17.05.2017 and the petitioners have clean antecedent. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners on bail. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M.-II, Jamui, in Sikandra P.S. Case No.51/17, subject to the conditions that one of the bailers must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on her part without any reason shall disentitle the petitioners from privilege of bail.

Patna High Court Cr.Misc. No.30538 of 2017 (2) dt.06-07-2017 3/3 It is made clear that the grant of regular bail to the present petitioners should not be treated as precedent while considering bail of remaining other accused persons specially with regard to application of the principle of parity. (Mohit Kumar Shah, J) AnilKrSinha/- U T