Manikraj Devi @ Manraj Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72675 of 2018 Arising Out of PS. Case No.-26 Year-2017 Thana- SIMRA District- Aurangabad ====================================================== Manikraj Devi @ Manraj Devi W/o Late Yogi Ram @ Jogi Ram, resident of Village- Nain Bigha, P.S. Simra, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Simra P.S. Case No. 26 of 2017 registered for the offence punishable under Sections 341, 323, 326, 307, 504/34 of the Indian Penal Code but charge sheet was submitted under Sections 302/34 of the Indian Penal Code. Informant alleged that on 24.09.2017 she was set on fire after sprinkling kerosene oil by her husband and his family members. During course of treatment, she died on 23.10.2017 after about one month after the occurrence.

It has been submitted on behalf of the petitioner that there is no allegation of any specific overt act against her and the husband of the informant against whom there is specific allegation of setting the informant on fire has already been granted bail by this court as contained in Annexure-2. Petitioner

Patna High Court Cr.Misc. No.72675 of 2018(3) dt.20-12-2018 2/2 has no criminal antecedent and she is in custody since 04.07.2018.

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 C.J.M., Aurangabad in connection with Simra P.S. Case No. 26 of 2017, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the court below.

(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) Sanjay/- U T