Nisha @ Nisha Kumari @ Amrita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36625 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -PURNEA SADAR District- PURNIA ====================================================== Nisha @ Nisha Kumari @ Amrita Kumari W/o Late Ajay Kumar Mandal, R/o Village- Navratan Chowk, Purnea City, P.S.- Sadar (Purnea), District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhim Kumar Yadav, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.01.2017 in connection with Sessions Trial No. 174 of 2017 arising out of Sadar P.S. Case No. 10 of 2017 for the offences alleged under Sections 302, 201 and 120(B) of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as in fact she is informant of the case in connection with murder of her husband. The petitioner has been implicated on the basis of confessional statement of two persons in course of investigation namely Kartik Kumar @ Guddu Kumar and Shishir Kumar, both of whom have been granted bail by this Court in Cr. Misc. No. 19861 of 2017 and Cr. Misc. No. 30320 of 2017 respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.36625 of 2017 (3) dt.21-09-2017 satisfaction of learned Presiding Officer, Fast Track Court-I, Purnea, in connection with Sessions Trial No. 174 of 2017 arising out of Sadar P.S. Case No. 10 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T