Kunti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59168 of 2018 Arising Out of PS. Case No.-117 Year-2016 Thana- HASANPUR District- Samastipur ====================================================== Kunti Devi, W/o Naresh Yadav, Resident of Village- Jehangirpur, Police Station- Singhia, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhimanyu Sharma For the Opposite Party/s :

Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Hasanpur P.S. Case No. 117 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Petitioner is the second wife and allegation against her is of committing murder of the daughter of the Informant in collusion with her brother and husband.

It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case being Soutan of the deceased. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 08.12.2016 in Criminal Miscellaneous No. 53125 of 2016 and 21.12.2016 in Criminal Miscellaneous No. 54169 of 2016. Petitioner has got no criminal antecedent

Patna High Court Cr.Misc. No.59168 of 2018(2) dt.09-10-2018 2/2 and is in custody since 23.08.2018.

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 Additional Chief Judicial Magistrate, Rosera at Samastipur, in connection with Hasanpur P.S. Case No. 117 of 2016, 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) 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.

(S. Kumar, J) ranjan/- U