Asmita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29031 of 2018 Arising Out of PS.Case No. -197 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Asmita Kumari Wife of late Satyanand Kumar Resident of VillageSugaon, P.S. Sugauli, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Sugauli P.S. Case No. 197 of 2017, a case under Sections 364, 365/34 of the Indian Penal Code and later on Sections 302, 201 and 120-B IPC were also added.

Allegation in the FIR is that son of the informant was called on mobile by some un-known persons and thereafter he did not return rather his dead-body was found.

Submission of learned counsel for the petitioner is that there is no eye witness of the occurrence. Some other co-accused have been allowed bail by different co-ordinate Benches of this Court vide Annexure-2 and Annexure 2/I for the reason that only

Patna High Court Cr.Misc. No.29031 of 2018 (2) dt.14-05-2018 2/2 confessional statement of the accused was material. Allegation against the petitioner is on better footing to that of co-accused Ramesh Sonar, who has been granted bail vide Annexure-2 for the reason that the allegation against Ramesh Sonar was of having love affair with the wife of the deceased and that was the reason for murder.

Considering the aforesaid fact, let the petitioner, 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 Sugauli Police Station Case No. 197 of 2017 with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) sushma/- U T