Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46232 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Sanju Devi W/o America Mahto, R/o Village- Bathi Narsingh, P.S.- Sahebganj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sahebganj P.S.Cae No.92 of 2017 registered for offences punishable under Section 302 of the Indian Penal Code. Allegation against the petitioner, as per FIR, is of committing murder of the deceased while the deceased had gone for cutting the grass.

Submission of the learned counsel for the petitioner is that earlier to that brother of the informant had lodged a case i.e. Sahebganj P.S.Cae No.2 of 2017, in which specifically it has been mentioned that neelgai has killed the deceased, as such no case is made out. Further this case has been lodged by the father of the deceased though he is not eye witness. This witness has also

Patna High Court Cr.Misc. No.46232 of 2017 (3) dt.17-10-2017 2/2 supported the case of the prosecution. The petitioner is in custody for about six months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. (West), Muzaffarpur in connection with Sahebganj P.S.Case No.92 of 2017 dated 8.4.2017.

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidences.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T