Patna High CourtCR. MISC./63281/2017bail granted

Sumitra Devi v. The State Of Bihar

2018-02-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63281 of 2017 Arising Out of PS.Case No. -480 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Sumitra Devi, wife of Kapildeo Mandal, resident of Village- Shahpur, P.S. Ghogha (Kahalgaon), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Kahalgaon (Shiv Narayanpur) P.S. Case No. 480 of 2017, a case under Sections 364, 302, 120-B, 201 and 34 of the Indian Penal Code. Kapil Dev Mandal, the husband of this petitioner was accused in connection with murder of cousin brother of the informant. In the aforesaid background, it appears highly unbelievable that the petitioner, her husband and daughter would go to the house of the informant and take his son with them to see a fair, as alleged in the FIR. Subsequently the dead body of the son of the informant was recovered and one more story came during

Patna High Court Cr.Misc. No.63281 of 2017 (3) dt.21-02-2018 2/2 investigation that son of the informant had love affair with the daughter of this petitioner, therefore, he was murdered. Suspicion howsoever strong, cannot take the place of proof. Therefore, I do not think it appropriate to detain the petitioner further under trial prisioner.

Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kahalgaon (Shiv Narayanpur) Police Station Case No. 480 of 2017 with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) sushma/- U T