Krishna Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.2563 of 2017 (2) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2563 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -DHARHARA District- MUNGER ====================================================== Krishna Devi W/o Shri Sunil Yadav resident of village - Srirampur, P.S. - Akbar Nagar, District - Bhagalpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Dharhara P.S. Case No. 81 of 2016 registered for the offence punishable under Sections 364/34 of the Indian Penal Code. Chanda Kumari was married to Gaurav, the son of the petitioner, and allegedly, he took away his wife and sister-in-law Vineeta and thereafter made them traceless. During investigation Gaurav Yadav surrendered and he confessed his guilt. Submission is of false implication only on suspicion, the petitioner is the mother of Gaurav Yadav and only due to that reason she was arrested, resulting, she is suffering in custody since 11.09.2016, Gaurav Yadav has committed the offence and on the basis of his confessional statement the clothes of the deceased and further skull and some pieces of bones have been

Patna High Court Cr.Misc. No.2563 of 2017 (2) dt.14-02-2017 recovered and Gaurav Yadav has not taken name of the petitioner. Learned APP submits that the petitioner is the motherin-law and she is named in the first information report. In the facts and circumstances stated above, considering the period of detention and further that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sonelal Rajak, J. M. Ist Class, Munger in connection with Dharhara P.S. Case No.

81 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T