Khushbu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22404 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== KHUSHBU KUMARI Wife of Sonu Kumar Resident of Village - Hirdan Bigha, P.S.- Telmar (Harnaut), Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that when the informant along with her husband was working in her rice mill, the accused persons, variously armed, came and fired upon her husband due to which he received injury and later succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.2.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been

Patna High Court CR. MISC. No.22404 of 2019(4) dt.27-06-2019 2/2 submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner is a lady. She is in a family way. No proper care is being taken in the jail which is evident from the supplementary affidavit filed on behalf of the petitioner. The main allegation is against co-accused namely Arjun Prasad. No allegation of assault is alleged against this petitioner. She was a member of unlawful assembly. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Harnaut (Telmar) P.S. Case No. 71 of 2019.

(Sudhir Singh, J) Pankaj/- U T