Kanti Devi @ Kranti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2869 of 2021 Arising Out of PS. Case No.-151 Year-2016 Thana- BODHGAYA District- Gaya ====================================================== KANTI DEVI @ KRANTI DEVI Wife of Deepak Paswan Resident of Village-Karmadhab, P.S.-Cherki (Bodh-Gaya), District-Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prithivi Raj Singh For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2021 Heard both parties.
The petitioner seeks bail in Bodh Gaya (Cherki) P.S. Case No. 151 of 2016, registered for the offence punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.
As per the prosecution case, on 10.05.2016 at 6.30 am, during patrolling the informant saw that near newly constructed bridge at Cherki Bodh Gaya Road some persons were assembled, he went there and saw a dead body of woman was lying, thereafter, the informant informed the officer Incharge of Cherki PS and the present FIR was lodged against unknown.
It is submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.2869 of 2021(2) dt.12-03-2021 2/3 case. Petitioner is not named in the FIR. There is no eye-witness of the occurrence. During course of investigation, it has come that Deepak Paswan has illicit relation with the deceased namely, Jaya Kujur. Name of this petitioner has come in this case on the basis of statement of mother-in-law of the petitioner who raised suspicion against her son Deepak Paswan, her husband Lakhan Paswan and this petitioner. Save and except suspicion there is no material against this petitioner which shows her complicity in the aforesaid crime. Petitioner is a lady and has got three children. Petitioner is in custody since 12.09.2020 having no criminal antecedent, as stated in para 3 of the petition. Chargesheet has already been submitted.
Considering the facts and circumstances of the case and the fact that save and except suspicion there is no material against this petitioner and petitioner is a lady, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya (Cherki) P.S. Case No.
Patna High Court CR. MISC. No.2869 of 2021(2) dt.12-03-2021 3/3 court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T