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Patna High CourtCR. MISC./25594/2020allowed

Pinki Devi v. The State Of Bihar

2020-09-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25594 of 2020 Arising Out of PS. Case No.-634 Year-2019 Thana- BIHTA District- Patna ====================================================== PINKI DEVI, Wife of Kunal Ram, Resident of Village-Mathura Tola, P.S.- Bihta, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

It is said that the police recovered a dead body of 10 years old girl Rekha Kumari, daughter of one Kameshwar Ram.

Patna High Court CR. MISC. No.25594 of 2020(2) dt.30-09-2020 2/3 In course of investigation, it was disclosed that the accused persons with the aid of the petitioner committed the alleged crime.

Learned counsel for the petitioner submits that in fact said Kameshwar Ram, who is brother of the petitioner, had developed illicit relation with his daughter-in-law which was being objected by the deceased and it is said that said Kameshwar Ram might have killed his daughter. He further submits that the petitioner is not named in the FIR. The petitioner is in custody since 05.01.2020 and has got no criminal antecedent. One co-accused has been granted regular bail by the Co-ordinate Bench of this Court vide order dated 22.01.2020 passed in Cr. Misc. No. 4003/2020.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Danapur, in connection with Bihta P.S. Case No. 634 of 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

Patna High Court CR. MISC. No.25594 of 2020(2) dt.30-09-2020 3/3 on his absence on two consecutive dates without sufficient reason, his 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.

(Anjani Kumar Sharan, J) amitkumar/- U T