Rekha Devi @ Champa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38492 of 2020 Arising Out of PS. Case No.-13 Year-2020 Thana- INDUSTRIAL District- Bhagalpur ====================================================== REKHA DEVI @ CHAMPA DEVI, RAM PRASAD SINGH @ LUKHO MANDAL Resident of Village- Bahadurpur, P.S.- Industrial, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Braj Nandan Kumar Tiwary, Advocate.

Mr. Raj Kishore Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-02-2021 Let the defects be removed within four weeks. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 302/120B/34 of the Indian Penal Code.

The F.I.R. was lodged on report to the informant that dead body of her husband is lying in the temple and his murder has been committed. The petitioner and her husband are under suspicion because daughter of the petitioner had entered into love marriage with the cousin of the informant and the petitioner and her husband were suspecting that the informant and her husband are responsible for solemnization of that marriage. Petitioner is in custody since 13.03.2020. There is no

Patna High Court CR. MISC. No.38492 of 2020(2) dt.23-02-2021 2/2 material other than suspicion against the petitioner. Learned counsel for the informant opposed the prayer for bail on the ground that this is case of circumstantial evidence.

Considering the fact that there is no substantial material against the petitioner for further detention in a case wherein investigation is already complete, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Industrial P.S. Case No. 13 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T