Sushila Devi @ Soshila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49230 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== SUSHILA DEVI @ SOSHILA DEVI, (F), aged 26 years, W/o Upendra Paswan @ Munna Paswan, D/O Jai Kishun Paswan @ Jay Kishor Hajara, at present Resident of Village- Pajiarwa P.S. Sugauli District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 302, 120(B) of the Indian Penal Code.
Informant who is mother of the deceased has alleged that her son had gone to his sasural and later on she received information that he was killed and, thereafter, she went there and saw the dead-body of his son and she suspected the hands of petitioner and F.I.R. named persons.
It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case. It
Patna High Court CR. MISC. No.49230 of 2019(3) dt.01-10-2019 2/3 has further been submitted that there is no eye-witness of the occurrence and only on the basis of suspicion. Petitioner has three years old child and she has been made accused in this case as she had strained relation. Husband of the petitioner was found hanging at a different place. Similarly co-accused persons have already been granted anticipatory bail by this Court as contained in Annexure 2. Petitioner has got no criminal antecedent and is in custody since 03.09.2018. Considering the aforesaid facts and circumstances of the case and also the fact that petitioner is a lady, 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 court below where the case is pending in connection with Sessions Trial No.285/19 arising out of Sugauli P.S. Case No. 365 of 2018 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court CR. MISC. No.49230 of 2019(3) dt.01-10-2019 3/3 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) Sanjay/- U T