Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.460 of 2018 Arising Out of PS. Case No.-423 Year-2017 Thana- MARHAURA District- Saran ====================================================== Sunita Devi, Wife of Tuntun Rai @ Tuntun Yadav, resident of Village- Paterhi Jalal, P.S. Marhowrah, District Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. SRI SATYADEV PRASAD SINGH YADAV ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Marhowrah P.S.

Case No. 423 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant is the widow of deceased Tulsi Rai and as per her allegation at about 6:00 am in the

Patna High Court Cr.Misc. No.460 of 2018(2) dt.18-01-2018 2/3 morning accused Umesh Rai Came to her house and took her husband Tulsi Rai with him and when he did not return by evening, a search was carried out for him but he could be not found. On the next date i.e. on 03.10.2017 in the morning, the husband of the informant was found dead and the dead body was taken by police to post mortem house at Chapra. She has further stated that on account of cutting soil from the land, dispute had arisen between Umesh Rai and her late husband and Umesh Rai as well as other co-accused threatened them to face the dire consequence and will be killed. It has been submitted on behalf of the petitioner that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has been further submitted that nothing has been recovered from the possession of the petitioner. The petitioner has been made accused in this case on the basis of suspicion and previous dispute.

Considering the aforesaid facts and circumstances of the case, let the petitioner named

Patna High Court Cr.Misc. No.460 of 2018(2) dt.18-01-2018 3/3 above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S. Case No. 423 of 2017.

(S. Kumar, J) ranjan/- U