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Patna High CourtCR. MISC./63548/2017bail granted

Sumitra Devi v. The State Of Bihar

2018-02-12Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63548 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -KHODABANDPUR District- BEGUSARAI ====================================================== Sumitra Devi, Wife of Dashrath Ram, Resident of Village - Malpur, P.s. Khodawandpur (Chaurahi O.P.), District-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 04.07.2017 in connection with Khodawandpur P.S. Case No. 101 of 2017 for offences punishable under Sections 302, 201, 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his aunt was married to one Shankar Ram in the year 2003 and the petitioner along with the husband and other family members used to torture his aunt and have ultimately killed her. It has been submitted by the learned counsel for the petitioner that she is the mother-in-law of the deceased and there is general and omnibus allegation against all the co-accused

Patna High Court Cr.Misc. No.63548 of 2017 (3) dt.12-02-2018 2/2 including the petitioner. He submits that the husband is already in custody and that charge-sheet has been submitted. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Manjhaul in the District of Begusarai in connection with Khodawandpur P.S. Case No. 101 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of her bail bonds.

(Nilu Agrawal, J) Arjun/- U T