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Patna High CourtCR. MISC./50205/2019bail granted

Poonam Kumari @ Phoolo Kumari v. The State Of Bihar

2019-08-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50205 of 2019 Arising Out of PS. Case No.-126 Year-2018 Thana- RAHIKA District- Madhubani ====================================================== POONAM KUMARI @ PHOOLO KUMARI D/o Shiven Mandal R/o Village- Serma, P.S.- Rahika, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Rahika P.S. Case No. 126 of 2018/CRI No. 2288 of 2018 (Sessions Trial No. 219 of 2019), instituted for the offence under Section(s) 302 and 201/34of the Indian Penal Code.

It is alleged in the written report that son of the informant namely, Saroj Kumar, had gone to watch Cinema at the bank of Jeewachh river on the occasion of Chhath festival and did not return. Later on, his dead body was found. It is further alleged that son of the informant (since deceased) had performed marriage about six years back with Kiran Devi from whom he has two sons and one daughter. Later on he developed love affair with this petitioner.

Patna High Court CR. MISC. No.50205 of 2019(2) dt.17-08-2019 2/2 Counsel for the petitioner submits that in the written report mere suspicion has been raised against the petitioner that she along with other co-accused has committed murder of son of the informant.

Petitioner is in custody since 28.11.2018 having clean antecedent.

Besides suspicion, there is no allegation of specific overt act against the petitioner.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 A.D.J.-VII, Madhubani, in connection with Rahika P.S. Case No. 126 of 2018/CRI No. 2288 of 2018 (Sessions Trial No. 219 of 2019), subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T