Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26450 of 2017 Arising Out of PS.Case No. -313 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Seema Devi Wife of Late Ashok Kumar Resident of Village-Mathiyapur, P.S.-Danapur, District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manohar Prasad Singh For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 The petitioner seeks regular bail in connection with Danapur P.S. Case No. 313 of 2016, registered for offences punishable under Sections 302 and 120(B) of the Indian Penal Code.

Allegation against the petitioner, who happens to be the wife of the deceases, is that she in conspiracy with other coaccused of this case has killed the deceased. It has been submitted on behalf of the petitioner that save and except the self confessional statement of the petitioner and confessional statement of the co-accused, there is absolutely nothing against the petitioner and though it is alleged that one knife has been recovered, however, the same has been recovered on the confessional statement of co-accused and not on the self

Patna High Court Cr.Misc. No.26450 of 2017 (3) dt.10-07-2017 2/3 confession of the petitioner. Further petitioner has been in judicial custody since 05.08.2016.

Learned counsel for the State opposed the prayer for bail and submitted that in fact the petitioner was in illicit relationship with the co-accused and for that the deceased was done to death. Having heard both sides, considering the fact that save and except the self statement of petitioner, there is nothing against her and she has been in custody since 05.08.2016, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur, Patna, in connection with Danapur P.S. Case No. 313 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event

Patna High Court Cr.Misc. No.26450 of 2017 (3) dt.10-07-2017 3/3 of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of her bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T