Malo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32726 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -SANOKHAR District- BHAGALPUR ====================================================== Malo Devi, wife of Shri Pankaj Yadav, resident of Village- Chhoti Naki, Police Station- Sanokhar, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Sanokhar P.S. Case No. 30 of 2017 for offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her son was taken away by one Raju Thakur the previous night and did not return. Thereafter his dead body was found in the field of Raghu Sah. The allegation upon the petitioner is that she along with one co-accused Pankaj Yadav and Mithlesh Yadav have threatened her of dire consequences a few days
Patna High Court Cr.Misc. No.32726 of 2017 (4) dt.08-09-2017 2/3 back as the said Mithlesh Yadav wanted to marry the informant's daughter which was objected.
It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history and no specific allegation has been levelled against her. He submits that it is only on the basis of suspicion that the petitioner has been made accused and there is no eye witness to the alleged occurrence. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and is a lady languishing in judicial custody since 04.03.2017. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, 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, Bhagalpur in connection with Sanokhar P.S. Case No. 30 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of
Patna High Court Cr.Misc. No.32726 of 2017 (4) dt.08-09-2017 3/3 the concerned police station/ court, who will file an affidavit stating his/her relationship with the petitioner. (Nilu Agrawal, J) Devendra/- U T