Patna High CourtCR. MISC./5753/2018bail granted

Tusa Devi @ Ahilya Devi v. The State Of Bihar

2018-06-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5753 of 2018 Arising Out of PS.Case No. -247 Year- 2017 Thana -NAUGACHIA District- BHAGALPUR ======================================================

1. Tusa Devi @ Ahilya Devi, W/o Ganesh Singh, Resident of VillageSripur, P.S.- Naugachhia, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 326 and 302/34 of the Indian Penal Code.

According to FIR, the petitioner and others allegedly burnt to death to Chandradeo Singh and Sanjeet Kumar, both respectively father and son of the informant. Submission is that the informant is not an eyewitness of the occurrence, rather Amit Singh Sala (brother-in-law) of the informant is said to be a witness of the occurrence. Amit Singh has not stated before the police that this petitioner was identified at the time of occurrence. Rather Amit Singh had identified to some other person as perpetrators of the crime.

Patna High Court Cr.Misc. No.5753 of 2018 (5) dt.18-06-2018 2/2 Besides the aforesaid, there is no other material against the petitioner. Petitioner is a female. She has got no criminal antecedent. Petitioner is in custody since 15.10.2017. Investigation of the case is already complete.

Finding substance in the submission aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Naugachhia Police Station Case No. 247 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T