Sweety Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35922 of 2019 Arising Out of P.S. Case No.-351 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== Sweety Kumari, aged about 22 years, Female, W/o Late Ajay Kumar, Resident of Village - Sarvoday Nagar, P.S.- Deep Nagar, Dist.- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Ms. Usha Kumari Singh, Advocate For the Opposite Party :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and perused the case diary.

The petitioner is in custody in connection with Deep Nagar P.S.Case No.351 of 2018 registered for an offence under Section 302/34 of the Indian Penal Code.

As per prosecution case, the informant was informed by the petitioner that his son is lying dead on the roof. The informant has raised suspicion against this petitioner who is daughter-in-law of the informant. The informant further alleges that his daughter-in-law (petitioner) was in collusion of some other person, with whom, she strangulated her husband because she has illicit relation with others.

It is submitted on behalf of the petitioner that there is

Patna High Court CR. MISC. No.35922 of 2019(4) dt.23-10-2019 2/3 no eye witness to the alleged occurrence. He further submits that the name of the petitioner has been given in the FIR only on the basis of suspicion. Save and except suspicion, there is nothing in the FIR to connect the alleged offence. He further submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court in Cr.Misc.No.23853 of 2019 dated 08.07.2019. Petitioner is nonelse than wife of the deceased and she is in custody since 01.10.2018, having no criminal antecedent and chargesheet has already been submitted.

Considering the aforesaid facts and circumstances, let the petitioner above named 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 Chief Judicial Magistrate, Biharsharif in connection with Deepnagar P.S.Case No.351 of 2018 with following conditions:- (i) Petitioner shall cooperate 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tamper with the evidence or the

Patna High Court CR. MISC. No.35922 of 2019(4) dt.23-10-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T