Gunjo Devi @ Gunjan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27813 of 2022 Arising Out of PS. Case No.-133 Year-2020 Thana- TARAPUR District- Munger ====================================================== Gunjo Devi @ Gunjan Devi Wife Of Medo @ Madni Tanti @ Madan Tanti R/O- Vill- Dhobai, P.S.- Tarapur, Dist.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code.

The allegation against the petitioners is of killing the son of the informant under some conspiracy.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and she has been falsely implicated in the present case only on the basis of suspicion. He further submits that it appears from the F.I.R. that the date of

Patna High Court CR. MISC. No.27813 of 2022(3) dt.31-08-2022 2/3 occurrence is on 31.08.2020 but the present F.I.R. was instituted on 13.09.2020 after delay of 13 days without giving any reasonable explanation of delay. He further submits that in fact the informant is not an eye witness of the alleged occurrence and only on the basis of suspicion the petitioner has been implicated in the present case. He further submitted that except suspicion nothing has come during investigation against the petitioner and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 05.12.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Tarapur P.S. Case No. 133 of 2020, with 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.27813 of 2022(3) dt.31-08-2022 3/3 on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U