Patna High CourtCR. MISC./45568/2015bail granted

Sushila Devi v. The State Of Bihar

2015-09-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45568 of 2015 Arising Out of PS.Case No. -24 Year- 2012 Thana -NAUHATTA District- SAHARSA ======================================================

1. Sushila Devi Wife of Baidyanath Jha Resident of village - Mohanpur, Police Station - Nauhata, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gyanand Roy For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

Kanchan Kumari, the sister of the informant, was married to Sunil Jha, son of the petitioner, in the year 1998. The husband of Kanchan Kumari was also killed by his parents in the year 2000. It is alleged that sister of the informant was killed by the petitioner, her husband and other family members. It is submitted that there is no eye witness of the occurrence. In the case of murder of the husband of deceased the deceased deposed and disclosed that her husband had good relation with his parents (annexure-2). The husband of the petitioner has been enlarged on bail vide order passed in Cr. Misc.

Patna High Court Cr.Misc. No.45568 of 2015 (2) dt.30-09-2015 2/2 No. 16157 of 2015 and the case of petitioner stands on better footing.

On the other hand, the learned counsel for the State has, however, vehemently opposed the prayer for bail. Having considered the fact that the informant only alleged that the petitioner, her husband and other family members killed Kanchan Kumari but there is no eye witness of the occurrence and similarly situated accused Baidyanath Jha, husband of the petitioner, has already been enlarged on bail, the above named petitioner 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, Saharsa in Nauhatta P.S. Case No. 24/12.

(Prabhat Kumar Jha, J) BKS/- U T