Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70858 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== USHA DEVI Wife of Bijli Mandal Resident of Village - Aurha, P.S.- Laukahi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Shubham, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-05-2022 Heard learned counsel for the parties.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Laukhi P.S. Case No. 11 of 2021 registered under Sections 302, 201 and 34 of the Indian Penal Code.
As per the FIR, the dead body of Ramdev Mandal @ Ghutaharu Mandal was found hanging on a Mango tree and an U.D. Case was registered. Subsequently after investigation, this FIR was lodged.
Learned counsel for the petitioner submits that due to land dispute all the accused persons have been implicated in the matter in which he is in jail since 06.04.2021 (as stated in paragraph-13 of the bail application). He also draws the
Patna High Court CR. MISC. No.70858 of 2021(2) dt.25-05-2022 2/3 attention of this Court bail granted to one Bihari Mandal by a co-ordinate Bench of this Court vide order dated 25.10.2021 passed in Cr. Misc. No. 30736 of 2021.
Taking into account the aforesaid facts that the charge sheet stands submitted, the petitioner is in jail since 06.04.2021 as also the fact that one of the co-accused has been released on bail as stated above, this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.- 3rd, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 11 of 2021, subject to the following conditions. (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) she shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which
Patna High Court CR. MISC. No.70858 of 2021(2) dt.25-05-2022 3/3 the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T