Ful Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60391 of 2022 Arising Out of PS. Case No.-389 Year-2021 Thana- KHAIRA District- Saran ====================================================== FUL KUMARI DEVI Wife of Jitendra Singh Resident of village - Firojpur, P.O.- Khodaibagh, P.S.- Khaira, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Adv.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 18.07.2022 in connection with Khaira P.S. Case No. 389/2021, F.I.R. dated 08.11.2021, for the offences punishable under Sections 302/34 of the Indian Penal Code.

According to prosecution case, the petitioner along with her husband namely Jitendra Singh assaulted the deceased due to which he died.

Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case merely on the basis of suspicion. He further submits that it appears from the F.I.R. that due to land dispute, the present F.I.R. has been instituted against the

Patna High Court CR. MISC. No.60391 of 2022(4) dt.26-04-2023 2/3 petitioner. He further submits that in fact the informant is not an eyewitness of the alleged occurrence and except the suspicion, no other cogent material has come during investigation against the petitoiner to connect the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 18.07.2022.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail, after framing of charge, if not framed, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra, in connection with Khaira P.S. Case No.389/2021, subject to the following conditions:-

1. 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 on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.60391 of 2022(4) dt.26-04-2023 3/3

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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T