Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53530 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -BHEJA District- MADHUBANI ====================================================== Sharda Devi wife of Sri armeshwar Chaupal, Resident of village-Birpur Police Station-Madhopur, District-Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bheja P.S. Case No. 35 of 2017 registered for the offences under Sections 302, 201 and 34 of the Indian Penal Code. The case of the prosecution is that the brother of the informant had left the village for showing land related papers to some people and thereafter he did not return and in fact he was murdered. In the FIR it was stated that one Baidyanath Thakur and Pramod Jha are said to have committed the murder. The learned counsel for the petitioner submits that the petitioner has not been named in the FIR, she has been roped on account of confessional statement made by the main accused although she has nothing to do with the alleged incident, she has a

Patna High Court Cr.Misc. No.53530 of 2017 (2) dt.09-11-2017 2/2 clean antecedent and she is in custody since 28.6.2017. It is further submitted that the co-accused Baidyanath Thakur has already been granted bail by this Court in Criminal Misc. No. 36611 of 2017 vide order dated 21.09.2017.

Having regard to the facts and circumstances of the case, petitioner Sharda Devi is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Jhanjharpur in connection with Bheja P.S. Case No. 35 of 2017.

It is directed that the petitioner would appear before the learned trial court on each and every date fixed in the case and if there are two consecutive defaults in her attendance, the privilege of bail shall stand withdrawn and petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) S.Sb/- U T