Bharti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26735 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Bharti Kumari D/o Niwas Singh, resident of Village- Dhiradarh, P.S. Barahiya, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 Heard the parties.

The petitioner seeks regular bail in connection with Barahiya P.S.Case No.30 of 2017, registered for offences punishable under Sections 364/34 of the Indian Penal Code. The petitioner is named in the F.I.R. The case is under Section 302 of the Indian Penal Code and other Sections. It is submitted on behalf of the petitioner that there was love affair between the deceased and the petitioner and except that there is confessional statement of the grand father of the informant stating that the deceased was killed by the father and brother of the petitioner and he has not taken name of the petitioner. The petitioner is in custody for about four months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.26735 of 2017 (2) dt.30-06-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, and also considering the fact that except suspicion, there is nothing against the petitioner, as such let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Lakhisarai in connection with Barahiya P.S.Case No.30 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U