Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9545 of 2021 Arising Out of PS. Case No.-146 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== SUMITRA DEVI WIFE OF NAGINA MALLIK R/o village- Vaini, P.S.- Pusa (Vaini O.P.), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/201 of the Indian Penal Code.

As per the prosecution case, on recovery of unidentified dead body of a female, FIR was lodged against unknown.

Learned counsel appearing for the petitioner submits that petitioner is mother-in-law of the deceased and she is living separately from the deceased and she has no concern with the family affairs of the deceased. Thrust of accusation is against the husband of the deceased and there is no specific allegation against this petitioner. Petitioner is in custody since 04.06.2020 and charge sheet has already been submitted in this case.

Patna High Court CR. MISC. No.9545 of 2021(3) dt.20-09-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur in connection with Patepur PS case No. 146/2019 on the following conditions:-

(1) Petitioner shall co-operate 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 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T