Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52058 of 2018 Arising Out of PS. Case No.-80 Year-2016 Thana- SAHARGHAT District- Madhubani ====================================================== Sumitra Devi W/o Anant Singh, R/o Vill.- Bhagwaripur Karmaur, P.S.- Pandarak, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar For the Opposite Party/s :

Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for the petitioner.

Petitioner seeks bail in Saharghat P.S. Case No. 80 of 2016 registered for the offence punishable under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of committing murder of the son of the informant, though in the FIR he is not named but during investigation involvement of petitioner has been found.

It has been submitted on behalf of the petitioner that the petitioner has been implicated in this case on the basis of confessional statement of a co-accused. Petitioner is not named in the FIR. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders

Patna High Court Cr.Misc. No.52058 of 2018(2) dt.04-10-2018 2/2 dated 03.03.2017 in Criminal Miscellaneous No. 55 of 2017 and 14.11.2017 in Criminal Miscellaneous No. 54177 of 2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, Madhubani, in connection with Saharghat P.S. Case No. 80 of 2016, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U