Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53973 of 2019 Arising Out of PS. Case No.-133 Year-2019 Thana- PIPRA District- Supaul ====================================================== URMILA DEVI, aged about 35 years, (Female), Wife of Upendra Sharma Resident of Village - Bairiha Ward no.3, P.S. - Chhatapur (Rajeshwari O.P.), District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Informant is a Police Officer who in his self-statement has stated that on 03.06.2019, he received an information that a dead-body is lying upon which he reached at the place of occurrence and found that a person has been killed by strangulation and near the dead-body, one mobile without battery and sim and other articles were found. Brother of the deceased has stated during investigation that deceased was a driver of Scorpio who used to drive the vehicle of Lalu Kumar @ Sushant Kumar and had gone to Madhepura in a marriage with the vehicle. Said vehicle was recovered from the house of

Patna High Court CR. MISC. No.53973 of 2019(3) dt.01-10-2019 2/3 the petitioner.

It has been submitted on behalf of petitioner on request of Akshay Kumar who is brother of Chunchun Devi the said vehicle was parked in front of her house and thereafter he never returned. Co-accused Akshay Kumar has confessed his involvement in killing. Except said vehicle being recovered outside the house of the petitioner, there is no any other incriminating material against petitioner. Petitioner is in custody since 11.06.2019 having no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pipra P.S. Case No. 133 of 2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.53973 of 2019(3) dt.01-10-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T