Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28721 of 2021 Arising Out of PS. Case No.-149 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== KAVITA DEVI Wife of Lal Bahadur Rai Resident of Village - Bhat Bigha, P.S. - Imamganj, Dist. - Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Kumari Anupam For the Opposite Party/s :

Mr. Dilip Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons are suspected to have killed the son of the informant.

Learned counsel appearing for the petitioner submits that there is no eye witness of the occurrence. No one has seen this petitioner committing the aforesaid crime. The petitioner has been made accused in this case only because petitioner is alleged to have illicit relation with the deceased. Similarly situated co-accused, Lal Bahadur Rai, Ramraj Rai and Kamlesh Rai have already been granted bail by this court vide orders passed in Cr. Misc. No. 8722/2020, 8619/2020 and Cr. Misc.

Patna High Court CR. MISC. No.28721 of 2021(2) dt.09-08-2021 2/2 No. 72798/2019, respectively. Petitioner is in custody since 27.08.2019.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Sherghati, Gaya in connection with Imamganj PS case No. 149/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) BKS/- U T