Sangeeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64080 of 2018 Arising Out of PS. Case No.-286 Year-2017 Thana- ATHMALGOLA District- Patna ====================================================== Sangeeta Devi, Wife of Awadhesh Yadav, Resident of Village-Makdumpur, P.S. Athmalgala, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap For the Opposite Party/s :

Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Athmalgola P.S. Case No. 286 of 2017 registered for the offence punishable under Sections 363, 364 of the Indian Penal Code.

Informant has alleged in the FIR that on 16.11.2017 Sangita Devi (petitioner) called his son Nageshwar Rai to her house and his son left his house for going to the house of Sangita Devi by motorcycle but his son did not return after one or two days. Thereafter informant came to know that one motorcycle was lying at Bharat Petroleum Pump in abandoned condition. On information police took the same in the police

Patna High Court Cr.Misc. No.64080 of 2018(2) dt.05-11-2018 2/3 station and informant found that the aforesaid motorcycle was of her son. Informant raised suspicion against petitioner that she might have killed his son.

It has been submitted on behalf of the petitioner that petitioner is lady and she is innocent and has been falsely implicated in this case only on suspicion, except suspicion, there is nothing against petitioner. It has been further submitted that occurrence took place on 10.11.2017 but FIR was lodged on 21.11.2017 after more than 11 days without any explanation of such delay which creates strong doubt on the genuineness of the occurrence. Petitioner has no criminal antecedent and she is in custody since 23.06.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh, Patna, in connection with Athmalgola P.S. Case No. 286 of 2017 subject to the conditions that:-

(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 represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence

Patna High Court Cr.Misc. No.64080 of 2018(2) dt.05-11-2018 3/3 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) veena/- U T