Renu Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.20161 of 2017 (3) dt.28-06-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20161 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Renu Devi Wife of Late Dharmendra Paswan, Resident of VillagePokhraira, P.S.- Samastipur (Muffassil), District- Samastipur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner seeks bail in connection with Warisnagar P.S. Case No. 174 of 2016 registered for the offences punishable under Sections 120B, 302/34 of the Indian Penal Code. Allegedly, Dharmendra Paswan the son of the informant was killed in his in-laws house by the petitioner being the wife of the deceased and other in-laws. There was sign on his neck. Submission is of false implication and that in post mortem report the death was due to asphyxia produced by hanging. The husband of the petitioner committed suicide by hanging, the petitioner without any fault is suffering in custody since 15.07.2016 whereas other co-accused Dashrath Paswan @ Manu Paswan has been allowed pre-arrest bail by another co-
Patna High Court Cr.Misc. No.20161 of 2017 (3) dt.28-06-2017 ordinate Bench of this Court vide Cr. Misc. No. 6960 of 2017, there is no eye witness of the occurrence and only on suspicion the petitioner has been implicated.
Learned APP opposes the prayer of bail by submitting that the petitioner is the wife and in her presence the son of the informant was killed.
In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI, Samastipur in S. Tr. No. 42 of 2017 & 102 of 2017 arising out of Warisnagar P.S. Case No. 174 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on her part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T