Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60226 of 2018 Arising Out of PS.Case No. -137 Year- 2017 Thana -KHAJEKALA District- PATNA ====================================================== Sunita Devi, Wife of Gopal Yadav @ Gopal Prasad Mahto, Resident of Jhopadpatti, Khajekalan Ghat, P.S.- Khajekalan, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 147, 148, 149, 302/201 of the Indian Penal Code.

The prosecution case, in brief, is that in course of patrolling, the police received information that one Prakash Yadav was killed by accused persons and his dead body was thrown in river Ganga. In the CCTV footage, installed at the gate of a Garage, some accused persons were seen.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.60226 of 2018 (3) dt.08-10-2018 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Merely on suspicion, the name of the petitioner has transpired in the present case. Except for suspicion, there is no other substantial evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence. On the basis of CCTV footage, ten persons have been named. The name of the petitioner does not figure among the persons, identified in CCTV footage. The other similarly situated co-accused namely, Pappu Kumar, Bablu Kumar and Kundan have been granted anticipatory bail by different benches of this Court vide orders dated 21-11-2017 & 09-02-2018 passed in Cr. Misc. Nos. 52186 of 2017 & 7190 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI, Patna City, Patna in connection with Khajekalan P.S. Case No.

Patna High Court Cr.Misc. No.60226 of 2018 (3) dt.08-10-2018 137 of 2017 corresponding to Sessions Trial No. 148 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T