Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 13564 of 2018 Arising Out of PS.Case No. -212 Year- 2017 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Geeta Devi, Wife of Ramesh Sharma, Resident of village- Tuniyahawa, Police Station- Dhanaha, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Anand Kishore Choudhary, Advocate For the S t a t e : Mr Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Section 302 of Indian Penal Code.

It is submitted by the petitioner's counsel that having no criminal antecedent, the petitioner has falsely been implicated in this case after the informant's son died pursuant to treatment of two days at the Hospital. It is further submitted that allegation has been made as an afterthought to implicate the petitioner. It is alleged that the petitioner was having intimacy with the deceased son of the informant and, as such, the allegations against the petitioner are highly improbable. There is no eye witness to the occurrence and she is in custody in connection with this case since

Patna High Court Cr.Misc. No.13564 of 2018 (3) dt.12-04-2018 2/2 13.11.2017. It is also submitted that investigation also reveals that the deceased was persisting in his illicit relations with the petitioner and, as such, the allegation against the petitioner is highly improbable.

Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on her furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in Dhanaha Police Station Case No 212 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T