Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9870 of 2021 Arising Out of PS. Case No.-65 Year-2020 Thana- RAJPUR District- Buxar ====================================================== Sunita Devi aged about 38 years, Gender-Female, wife of Jalim Singh Resident of Village - Sikraul, P. S. - Rajpur, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

25-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner, who is lady, seeks bail in Rajpur P.S. Case No. 65 of 2020, registered for the offence under Section 302 of the Indian Penal Code.

As per the prosecution case, some unknown persons committed the murder of father of the informant. It is submitted on behalf of petitioner that petitioner is not named in the FIR. During course of investigation, name of petitioner has transpired on suspicion. Informant is brother-inlaw of the petitioner and deceased is father-in-law of petitioner and she (petitioner) is residing separately. Only with a view to deprive her from ancestral property, she has been falsely implicated in this case. There is no eye-witness to the

Patna High Court CR. MISC. No.9870 of 2021(2) dt.25-06-2021 2/2 occurrence and save & except suspicion, there is nothing against the petitioner. Petitioner is in custody since 24.08.2020. Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties, materials available on record and the fact that petitioner is lady and has clean antecedent, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 65 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T