Varsha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20756 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- IMAMGANJ District- Gaya ====================================================== VARSHA DEVI Wife of Vikash Kumar Resident of Village - Babhandeeh, P.S.- Imamganj, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-03-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Imamganj PS Case No. 156 of 2020 registered under Sections 302 and 34 of the IPC. The informant's son has left the house talking on his phone but never returned. The FIR has been lodged raising suspicion against co-accused Vikash Kumar and Barun Prasad, the husband and son respectively of the instant petitioner, that on account of illicit relation of the victim with this petitioner, they have killed him. Learned Counsel for the petitioner submits that even according to prosecution case the alleged killing is attributed against other two co-accused and not against the instant petitioner. She is in custody since 1.9.2020. The implication is primafacie based on suspicion and there is no eye witness to the occurrence. The implication is on account of some dispute between the parties who

Patna High Court CR. MISC. No.20756 of 2021(2) dt.19-03-2021 2/2 happen to be next door neighbour. The petitioner has clean past. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, lst Class, Sherghati, Gaya in Imamganj PS Case No. 156 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T