Baby Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46239 of 2016 Arising Out of PS.Case No. -900 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Baby Devi, W/o Late Avinash Kumar, Resident of Mohalla - Langar Toli Gali, P.S. Kadamkuan, Town & Distt. Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakritita Sharma, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 02.09.2016 in connection with Sasaram Town Model P.S. Case No. 900/16 for offences punishable under Section 306 of the Indian Penal Code.

The prosecution case, as lodged by the brother of the deceased is that the petitioner, who was wife of the deceased, had affair with the driver Sudhir Rai and out of depression his brother committed suicide.

It has been submitted by the learned counsel for the petitioner that she is innocent and has falsely been implicated in the aforesaid case. She submits that petitioner was not present on the date of occurrence and that she is living in Patna since more

Patna High Court Cr.Misc. No.46239 of 2016 (3) dt.29-11-2016 2/2 than 4-5 months. She further submits that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. It has further been submitted that another co-accused, with whom it is alleged that the petitioner had illicit relationship, has since been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 45135 of 2016 on 19.10.2016.

However, learned APP for the State submits that there are sufficient materials that the petitioner had illicit relationship with co-accused Sudhir Rai, hence, opposes the prayer for bail.

From the materials available, it does not reveal that the petitioner's liberty on bail would adversely affect her trial, hence, in the interest of justice, 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, Sasaram in connection with Sasaram Town Model P.S. Case No. 900/16. (Nilu Agrawal, J.) Rajesh/- U T