Paro Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62871 of 2023 Arising Out of PS. Case No.-87 Year-2020 Thana- SALIMPUR District- Patna ====================================================== Paro Devi Son Of Umesh Paswan Resident Of Village- Saidpur, PS -Salimpur, Ps- Salimpur, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Shraddhanand Paswan, Advocate For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No.104 of 2023, arising out of Salimpur P.S. Case No.87 of 2020, lodged on 31.03.2020, under Section 302/34 of the Indian Penal Code.
3. As per the FIR, the informant has alleged that he received information that his wife was killed and he has shown his apprehension against four named accused persons that due to distribution of money of Indira Awas dispute going on among themselves, which resulted into killing of his wife.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that petitioner is a lady having clean antecedent. She is
Patna High Court CR. MISC. No.62871 of 2023(3) dt.20-12-2023 2/3 in custody since 10.10.2022. Counsel further submits that the co-accused Shakti Paswan @ Satyendra Paswan having similar allegation has been granted bail by a coordinate Bench of this Court vide order dated 08.12.2023 passed in Cr. Misc. No.78802 of 2023. He also submits that from the FIR itself, it is clear that the informant is not the eyewitness of the occurrence.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Barh, Patna, in connection with Sessions Trial No.104 of 2023, arising out of Salimpur P.S. Case No.87 of 2020, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.62871 of 2023(3) dt.20-12-2023 3/3 dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T