Kiran Kumari v. The State Of Bihar

Patna High Court Cr.Misc. No.24825 of 2016 (3) dt.26-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24825 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -BELA District- MUZAFFARPUR ====================================================== Kiran Kumari, Daughter of Sri Baidya Nath Chaudhary, Resident of Village - Bela, P.S. - Bela, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. For the Informant : Mr. Nachiketa Jha, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 02.02.2016 in connection with Bela P.S. Case No. 03 of 2016 for the offences alleged under Sections 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as the deceased and her husband were residing separately. The petitioner is the unmarried Nanad of the deceased and a teacher of the Government Basic School. It is claimed that the petitioner on the alleged date of occurrence was in her school and thereafter at the house of her sister in Village-Bartraulia. There is no eye witness to the alleged occurrence.

4. Learned A.P.P. on the other hand submits that the

Patna High Court Cr.Misc. No.24825 of 2016 (3) dt.26-07-2016 statement of witnesses as contained in paras 20 and 21 of the case diary support the prosecution case. It is further stated that the various family members including the petitioner used to assault the deceased in the past.

5. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 Additional Chief Judicial Magistrate cum Sub-Judge-XII, Muzaffarpur, in connection with Bela P.S. Case No. 03 of 2016, subject to the conditions that one of the bailors will be a close relative of the petitioner; and the petitioner shall remain physically present on each and every date during trial and in the event of failure to do so on three consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U