Swari Devi @ Sawari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36987 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- CHOUTARWA District- West Champaran ====================================================== SWARI DEVI @ SAWARI DEVI W/O SHAMBHU YADAV R/O Vill. Jaini Tola, PS. Bathwariya, Dist. West Champaran (Bettiah) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the State :
Mr. Bharat Bhushan, APP For the Respondent :
Mr. Ritika Roy, Advocate Mr. Amit Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-09- Heard Mr. Lokesh Kumar Singh, learned Counsel for the petitioner and Ms. Ritika Roy, learned Counsel appearing for the informant as also Mr. Bharat Bhushan, learned APP for the State.
2. The petitioner is an accused in connection with Chautarwa P.S. Case No. 104 of 2022 registered for the offences under sections 302 and 34 of the Indian Penal Code lodged on 03.03.2022 by the informant, Mamta Devi.
3. As per the prosecution story, the informant-lady has alleged that her husband had given loan of Rs. 1,50,000/- to the petitioner herein amongst other but he failed to return the same. It is further alleged that on the fateful day, one Amit Rao took
Patna High Court CR. MISC. No.36987 of 2023(3) dt.05-09-2023 2/3 away her husband whereafter he was traceless. Later, his dead body was found on the subsequent day and the same was caused by sharp cutting weapon as well as by pressing his neck. Accordingly, the FIR.
4. Learned Counsel for the petitioner submits that in the present case, no one has seen the actual occurrence in the case. She has alleged to have taken the money from the deceased- husband of the informant and thus has been implicated in this case. The submission is that at best, it can be a case of last seen and the petitioner is in custody since 31.03.2023 (as stated in paragraph 20 of the bail application).
5. Taking into account the fact that the petitioner is a lady, is in custody since 31.03.2023 and do not have criminal antecedent and since Pravesh Yadav who also alleged to have conspired in the matter as per the confession of Amit Rao has since been released on bail in Cr. Misc. No. 40614 of 2022 on 13.10.2022, this Court is inclined to extend her privilege of bail.
6. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Bagaha, West Champaran (Bettiah) in connection with Chautarwa P.S. Case No. 104 of
Patna High Court CR. MISC. No.36987 of 2023(3) dt.05-09-2023 3/3 2022, subject to the following conditions-:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of her bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Neha/- U T