Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25312 of 2022 Arising Out of PS. Case No.-164 Year-2021 Thana- HASANPUR District- Samastipur ====================================================== Anita Devi Wife Of Baldeo Yadav Resident of Village - Haripur Ward No.- 7, P.S.- Hasanpur, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kuamr Sinha, Adv For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-08-2022 Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Hasanpur P.S. Case No. 164 of 2021 for the offences punishable under Sections 302/34 of the Indian Penal Code.
As per the prosecution case, it is alleged that on 12.08.2021 the father of the informant went to chimni and in the next morning, he came to know that his father was shot dead. It is alleged that 10 days before the occurrence, his Gotiyas persons namely, Ratan Yadav, Badan Yadav,
Patna High Court CR. MISC. No.25312 of 2022(2) dt.10-08-2022 2/3 Rajesh Kuamr and Shyamal Yadav with whom there was a land dispute, they were threatened to kill and he has suspected the hands of those persons in killing of his father. Learned counsel for the petitioner submits that petitioenr is not named in the FIR. During the course of investigation, the police on suspicion that petitioner had some talk with the deceased and Rohit Sah, who has later on made accused in this case and, there is no other material which suggests the involvement of the petitioner. It is next submitted that petitioner is a lady and she is in custody since 05.11.2021 and moreover, she is resident of another village.
On the other hand, learned counsel for the State opposed the bail application of the petitioner. Having heard the rival contentions of the parties and taking into consideration the fact that petitioner is a lady having fair antecedent and is in custody since 05.11.2021 and save and except the call details which would suggest that just prior to the occurrence, she had talk with the deceased, there is no other material, let the petitioner, above named, be released on bail on furnishing
Patna High Court CR. MISC. No.25312 of 2022(2) dt.10-08-2022 3/3 bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Rosera, Samastipur in connection with Hasanpur P.S.Case No. 164 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) She will remain present on each and every date of trial till disposal of the case.
(iii) She will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, her bail bonds will liable to be cancelled.
(Harish Kumar, J) N.K/- U T