Neelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29213 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== NEELAM DEVI W/o Arjun Prasad 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 :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 302/34 of the Indian Penal Code registered in connection with Harnaut (Telmar) P.S. Case No. 71/2019.

3. It is submitted that the petitioner has been falsely implicated and in any event the main assailant is co-accused Arjun Prasad. No overt act whatsoever has been attributed to the petitioner, who along with co-accused Khushbu Kumari is said to have merely been standing there. There is no accusation that that petitioner was carrying arms. The petitioner claims clean antecedents.

4. Learned APP appears and has not been able to point out any objective material from the case diary against the petitioner.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Nalanda, in connection with Harnaut (Telmar) P.S. Case No. 71/2019, subject to the conditions as laid down under Section 438 (2)

Patna High Court CR. MISC. No.29213 of 2019(3) dt.23-07-2019 2/2 Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T