Nitu Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26886 of 2017 Arising Out of PS.Case No. -1009 Year- 2016 Thana -SAHARSA District- SAHARSA ======================================================
1. Nitu Jha wife of Dinkar Kumar Jha resident of Village - Kahara, Ward No. 13, P.S. - Saharsa, District - Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 1009/16 for offences punishable under Sections 302, 201, 120-B of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his father had been killed by some unknown criminals and body was disposed off.
Petitioner is the daughter-in-law of the deceased. Informant is the son, who was also later on, on the confessional statement of one Dipak Kumar Jha implicated in the aforesaid case. It is submitted that during course of investigation the
Patna High Court Cr.Misc. No.26886 of 2017 (2) dt.07-07-2017 2/3 complicity of the petitioner along with Dipak Kumar Jha has come in the case diary, but the said Dipak Kumar Jha and the informant, who is husband of the petitioner, have already been granted the privilege of bail by Coordinate Benches of this Court in Cr. Misc. No. 13916 of 2017 on 24.03.2017 and Cr. Misc. No. 16374 of 2017 on 10.04.2017. It is further submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned APP for the State opposes the prayer for bail.
Be that as it may, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 1009/2016 with following conditions :
i. One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. ii. The petitioner will not induce any witness or tamper with the evidence.
iii. The petitioner shall cooperate in the disposal of trial and make himself available as and when
Patna High Court Cr.Misc. No.26886 of 2017 (2) dt.07-07-2017 3/3 required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Nilu Agrawal, J) Rajesh/- U T