Savita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43721 of 2018 Arising Out of PS.Case No. -242 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Savita Devi W/o late Harendra Prasad R/o Village- Mushari, P.S. Chandi, District Nalanda, at Biharsharif.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Rajeev For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Chandi P.S. Case No. 242/2017 corresponding to Sessions Trial No. 278/2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 307 and 304 of the Indian Penal Code. Later on, sections 302 and 34 were added.

It is alleged that petitioner and other accused persons armed with various weapons came and petitioner Savita Devi assaulted father of informant with sharp edged weapon. During course of treatment, father of informant (deceased) died. It has been submitted that petitioner has falsely been implicated in this case. Petitioner and informant are close relatives

Patna High Court Cr.Misc. No.43721 of 2018 (3) dt.24-09-2018 2/3 and there is land dispute between them. She is widow. Petitioner has no criminal antecedent. She is in custody since 25.01.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 Additional Chief Judicial Magistrate Ist, Hilsa, Nalanda, Biharsharif in connection with Chandi P.S. Case No. 242/2017 corresponding to Sessions Trial No. 278/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and her absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel her bail bonds.

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

Patna High Court Cr.Misc. No.43721 of 2018 (3) dt.24-09-2018 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T