Nilam Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.33538 of 2017 (3) dt.03-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33538 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -SIRDALA District- NAWADA ======================================================

1. Nilam Devi wife of Pyare Rajbanshi resident of village - Bandhi, Police Station - Sirdala, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rabi Bhushan Prasad No. 1 For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 The petitioner seeks regular bail in connection with Sirdala P.S. Case No. 70 of 2017, registered for offences punishable under Section 302/34 of the Indian Penal Code. Allegation against the petitioner that she along with other co-accused set the deceased on fire causing her death and further allegation that she had illicit relationship with the husband of the deceased, who happens to be co-accused of this case. It has been submitted on behalf of the petitioner that save and except suspicion, there is nothing against the petitioner so as to show her involvement in the present case. It has also been submitted that there is no eye witness of the occurrence and the petitioner even has not been seen near the place of occurrence and she is in custody for last four months.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated

Patna High Court Cr.Misc. No.33538 of 2017 (3) dt.03-08-2017 above and also as the petitioner is a lady, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Sirdala P.S. Case No. 70 of 2017, subject to the 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 cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his 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 his bail.

(Vinod Kumar Sinha, J) sunil/- U T