Mina Devi @ Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38615 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- NAUGACHHIYA RAIL P.S. DistrictKhagaria ====================================================== MINA DEVI @ MEENA DEVI Wife of Battan Sah Resident of Village- Sahu Tola Bhawanipur, P.S.- Rangra O.P., District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mrs. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 201, 34 of the Indian Penal Code.

As per the prosecution case, the informant suspects that this petitioner along with other accused persons killed the nephew of informant because prior to the date of occurrence this petitioner had threatened to kill the nephew of informant. Learned counsel appearing for the petitioner submits that only on the basis of suspicion this petitioner has been made accused in this case and there is no eye witness to the occurrence. In fact, nephew of informant died due to rail accident and in order to take advantage this petitioner has been implicated in this case. Petitioner is in custody since 09.02.2021 and investigation in this case is complete.

Patna High Court CR. MISC. No.38615 of 2021(2) dt.24-09-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Khagaria in connection with Naugachia Rail PS case No. 18/2020 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 on his/ her absence on two consecutive dates without sufficient reason, his/her 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.

(Prabhat Kumar Singh, J) BKS/- U T