Sugani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50808 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -DHANARUA District- PATNA ====================================================== Sugani Devi, aged about 32 years, W/o Kunal Bind, resident of villageSiria, P.S.- Dhanarua, District- Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Mishra & Mr. Satish Kumar, Advocates For the Opposite Party/s : Mr. Sri Arun Kumar Pandey For the State :
Mr. Panchanand Pandit, A.P.P.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in judicial custody since 15.06.2016 in connection with Dhanarua P.S. Case No. 07 of 2016 for the offences alleged under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case as alleged by the informant is that Kunal Bind is own brother of her husband Nageshwar Bind and live separately. The petitioner is wife of Kunal Bind and gotni of the informant. There was some dispute between them and the husband of the petitioner come with other accused persons, fired at the informant's husband, resulting in his death.
It has been submitted by the learned counsel for
Patna High Court Cr.Misc. No.50808 of 2016 (2) dt.24-11-2016 the petitioner that she is innocent and has been falsely implicated in the aforesaid case. The allegation against the petitioner is only of abusing and no overt act has been committed by her. It has further been submitted that Chargesheet has already been submitted, hence, there is no chance of tampering with the evidence.
However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence opposes the prayer for bail.
Considering the materials available, it reveals that since charge-sheet has already been submitted, the release of the petitioner from custody would not adversely affect the trial, hence in the interest of justice, let the above named petitioner 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 learned Sri Neeraj Kumar Tyagi, J.M., Masaurhi, Patna in connection with Dhanarua P. S. Case No. 07 of 2016. However, the bail bonds will be signed by the two bailors, one who is a close relative, who has sufficient home and land within the jurisdiction of the concerned police station. It is further directed that the accused petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear
Patna High Court Cr.Misc. No.50808 of 2016 (2) dt.24-11-2016 before the learned Court below as and when directed. In terms of the aforesaid observations and directions, this bail application stands allowed. (Nilu Agrawal, J) P.K./- U T