Savita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38852 of 2022 Arising Out of PS. Case No.-537 Year-2021 Thana- AMARPUR District- Banka ====================================================== Savita Devi Wife of Bhawesh Kapri, Resident of village - Ballikitta, Police Station- Amarpur, District - Banka.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Amarpur P.S. Case No. 537 of 2021 registered for the alleged offences under Sections 302, 120(B)/34 of the Indian Penal Code.

As per prosecution case, the husband of the informant was killed by co-accused persons by slitting his throat by sharp cutting weapons. When the son of the informant tried to intervene, the co-accused persons fled away from the spot. The informant has further alleged that the petitioner is involved in conspiracy of killing her husband. The occurrence took place in

Patna High Court CR. MISC. No.38852 of 2022(3) dt.15-12-2022 2/3 the background of dispute over right of way on the land of the informant.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The informant does not appear to be an eye witness. There is no specific allegation against this petitioner and only allegation is that of hatching conspiracy against her, but this is a vague allegation. There is no substantive or cogent material to prove this fact. It is not even the case of the informant that the petitioner meted out threat either to the informant or her deceased husband or any of her family members. From the F.I.R. it is also clear that allegation of assault was specific against two co-accused persons. The petitioner is in custody since 20.02.2022 and charge-sheet has been submitted. Learned APP for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.38852 of 2022(3) dt.15-12-2022 3/3 furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 537 of 2021, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T