Sapna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45470 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== SAPNA DEVI Wife of Santosh Yadav Resident of Village - Teldiha, P.S.- Udakisunganj, Distt - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 302/120B/34 of the Indian Penal Code.

Informant who is the widow of the deceased in her fardbeyan has stated that on 06.02.2019, her deceased husband Amit Kumar Yadav had gone to Madhepura court along with her brother-in-law Santosh Yadav and sister-in-law Sapna Devi (petitioner). On mobile she was told by her husband that he was having tea at the tea stall and his brother-in-law and sister-inlaw are also having tea in the next tea stall and subsequently came to know that her husband has sustained injuries in an accident and as she reached the hospital she came to know that her husband died in course of treatment. There has been

Patna High Court CR. MISC. No.45470 of 2019(3) dt.27-09-2019 2/3 land dispute between her husband and brother-in-law Santosh Yadav. She suspected that both in connivance with unknown criminals have killed her husband.

It has been submitted on behalf of the petitioner that she is a lady and have no criminal antecedent and except suspicion there is nothing against her. She is in custody since 18.02.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with S.T. No. 83 of 2019 arising out of Udakishunganj P.S. Case No. 41 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.45470 of 2019(3) dt.27-09-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U