Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47819 of 2018 Arising Out of PS.Case No. -347 Year- 2018 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Shila Devi W/o Rajan , R/o Vill.- Ismilpur, P.S.- Habibpur, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Nath Nagar (Madhusudanpur) P.S.Case no.347 of 2018 , registered for offences punishable under Sections 302 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that the dead body was recovered. The petitioner is named in the FIR. Submission of the learned counsel for the petitioner is that the FIR itself shows that she has been made accused only on the basis of suspicion and even during the course of investigation nothing specific has come against the petitioner and she is a lady. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.47819 of 2018 (3) dt.14-09-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released 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 ACJM, Bhagalpur in connection with Nath Nagar (Madhusudanpur) P.S.Case no.347 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

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

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

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- TU