Kunti Devi @ Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8016 of 2015 Arising Out of PS.Case No. -296 Year- 2013 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kunti Devi @ Kanti Devi wife of Yogi Bin resident of village- Kailash nagar, P.S.- Bagaha,( pathkhauli), Dist- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. A.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 30-06-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 26.05.2014 in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. It is alleged that the petitioner took the younger son of the informant for doing some earth filling work. On the next day in the evening the informant got information about lying of a dead body when he went there to find the dead body of

Patna High Court Cr.Misc. No.8016 of 2015 (03) dt.30-06-2015 2/3 his with several injuries. The motive alleged is that the petitioner was seen going into the forest along with the victim and Rajpati Devi on the alleged date i.e. 30.06.2013 since the petitioner had illicit relationship with the victim and there was some money dispute between the petitioner and the victim. Hence, on the basis of circumstantial evidence the accusation has been levelled. It is submitted by learned counsel for the petitioner that even assuming some illicit relation between the petitioner and the victim there was no reason for the petitioner to kill the victim. Moreover, on the basis of circumstantial evidence the petitioner being a lady is languishing in custody for more than a year.

Considering the fact that the petitioner having no criminal antecedent has been made accused on the basis of circumstantial evidence and she is lady, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Bagaha, District - West Champaran in connection with Sessions Trial No. 609 of 2014 arising out of Bagaha (Pathkhauli) P.S. Case No. 296 of 2013.

The learned court below will be at liberty to

Patna High Court Cr.Misc. No.8016 of 2015 (03) dt.30-06-2015 3/3 cancel the bail bonds of the petitioner, if she defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) DKS/- U T