Kalpna Devi @ Kal Pana Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75800 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- PANDAUL District- Madhubani ====================================================== Kalpna Devi @ Kal Pana Devi D/o Ganga Paswan Resident of VillageGheghahi, P.S.- Pandaul, District- Madhubani. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav, Advocate For the Opposite Party/s :
Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Pandaul P.S. Case No. 27 of 2019 corresponding to Sessions Trial No. 191 of 2019, registered for the offence punishable under Sections 363/34, 302, 201 and 120(B) of the Indian Penal Code. The informant alleged that his son had gone to his sasural, but he did not return. It is further alleged that kalpna Devi (petitioner) who is daughter-in-law of the informant had illicit relation with Kaushal Paswan. The informant suspected that this petitioner along with her family members and Kaushal Paswan disappeared his son. Later on, dead body of informant's son was found in Bahiar.
It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this
Patna High Court CR. MISC. No.75800 of 2019(4) dt.31-01-2020 2/3 case. Petitioner is second wife of the deceased. There is no eyewitness of the occurrence. No material has been collected against this petitioner which shows her complicity in the alleged crime. Charge sheet has already been submitted and there is no allegation of tampering with the evidence against this petitioner. Co-accused Kaushal Paswan has been granted bail by this court vide order dated 03.07.2019 passed in Cr. Misc. No. 40389 of 2019. Petitioner is in custody since 24.02.2019 having clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 the learned Additional District and Sessions Judge VIII, Madhubani in connection with Pandaul P.S. Case No. 27 of 2019 corresponding to Sessions Trial No. 191 of 2019, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be
Patna High Court CR. MISC. No.75800 of 2019(4) dt.31-01-2020 3/3 cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T