Indu Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52625 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -PIRI BAZAR District- LAKHISARAI ======================================================
1. Indu Bharti Wife of late Praveen Kumar@ Ghuto Resident of Village: Medni Chowk, P.S. Medni Chowk, District: Lakhisarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. Mr. Nilesh Kumar, Advocate.
Ms. Babita Kumari, Advocate.
Mr. Shashank Shekhar, Advocate.
For the Opposite Party/s : Smt. Meena Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of father of the deceased.
The petitioner seeks bail in Piribazar P.S. Case No. 94 of 2017 instituted for the offence under Sections 302, 201, 394/34 of the Indian Penal Code and Section 27 of the Arms Act. In the written report it is alleged that husband of the informant had gone to Abhaypur for some work. He had talked with the informant on telephone in the evening. He told her that he was in Abhaypur. Thereafter, he stopped answering her call. The informant informed her family members. The informant along with her family members started making search and
Patna High Court Cr.Misc. No.52625 of 2018 (4) dt.01-11-2018 2/3 proceeded towards Abhaypur. During course of search, the informant learnt that her husband had been in the house of her uncle and aunt in the village Maheshpur at about 5:00 to 5:30 p.m. and he was accompanied by one another person who was not recognized by the uncle and aunt of the informant. On 14.10.2017 the dead body of husband of the informant was found in the bush on the road connecting Maheshpur to Milki Dhale. He had been shot at and knife injury was also found on his neck. The informant has further alleged that phone, money and the motorcycle of the deceased was found missing from the place of occurrence.
Counsel for the petitioner submits that petitioner was originally informant of the case. During investigation, police on the basis of confessional statement of one Raj Kamal Nirala, has made petitioner accused in the present case. Counsel for the petitioner further submits that co-accused Raj Kamal Nirala has already been granted bail by coordinate Bench of this Court vide order dated 19.07.2018 passed in Cr. Misc. 34384 of 2018. Counsel appearing on behalf of father of the deceased has submitted that this petitioner was one of the conspirators in murder of husband of the informant.
Counsel for the petitioner submits that in the case
Patna High Court Cr.Misc. No.52625 of 2018 (4) dt.01-11-2018 3/3 diary no any specific allegation has been levelled against the petitioner by father of the deceased in paragraph 77 of the case diary.
Petitioner is said to be in custody since 13.07.2018. She is wife of the deceased.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released 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 Sub Divisional Judicial Magistrate, Lakhisarai, in connection with Piribazar P.S. Case No,. 94 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/- U T