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Patna High CourtCR. MISC./65704/2018bail granted

Pooja Devi v. The State Of Bihar

2018-11-06Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65704 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Pooja Devi Daughter of Jai Murat Rai, Wife of late Upendra Rai Resident of Village- Bhagwanpur Kaiju, Police Station- Patepur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi, Adv. For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Patepur P.S. Case No. 55/2018, registered for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

Informant is the father of deceased. It is alleged that his son was married with petitioner 11 years ago. Brother-in-law (Sadhu) Kishundeo Rai of the deceased was of suspicious character, due to this issue, there had been some dispute between his son and daughter-in-law (petitioner) since the time of marriage. On 05.04.2018, son of informant was called by his Sadhu Kishundeo Rai for getting the issue settled. Informant's son went to his sasural. On 06.04.2018 informant got information that

Patna High Court Cr.Misc. No.65704 of 2018 (2) dt.06-11-2018 2/3 dead-body of his son was lying by the side of road. Thereafter, this case has been registered.

It has been submitted that petitioner has falsely been implicated in this case. There is no eye-witness of the occurrence. There is no specific allegation against her. Petitioner has got two children out of the wedlock.

Petitioner has no criminal antecedent. She is in custody since 07.04.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate X, Vaishali at Hajipur in connection with Patepur P.S. Case No.55/2018, subject to the 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 properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.65704 of 2018 (2) dt.06-11-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T