Pushpa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74298 of 2018 Arising Out of PS. Case No.-75 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Pushpa Kumari wife of Late Radhesh Ranjan Resident of VillageBahlolpur,P.S. Bhagwanpur (Sasural), District, Vaishali, at present Resident of Village-Lakhnauri P.S. Deoria Distt.-Muzaffarpur (Maika) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Bhagwanpur P.S. Case No.75/2018 registered for the offence punishable under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act. Informant is father of the deceased who in his written complaint has alleged that his deceased son was an Assistant Teacher in a school and on 07.05.2018, he was shot dead in his school by the unidentified criminals.

It has been submitted that during investigation, the Investigating Officer has found that the petitioner had illicit relation with one of his co-employee, Rishi Ranjan and for the said reason, the son of the informant has been killed. Petitioner has been made accused only on the basis of suspicion and

Patna High Court Cr.Misc. No.74298 of 2018(2) dt.14-12-2018 2/2 except suspicion, there is no any other incriminating material against the petitioner. She is having two years old child in her lap. Petitioner has no criminal antecedent and she is in custody since 23.08.2018.

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 A.C.J.M., III, Vaishali at Hazipur in connection with Bhagwanpur P.S. Case No.75/2018, 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 his absence on two consecutive dates without sufficient reason, his 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