Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19935 of 2018 Arising Out of PS.Case No. -317 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sita Devi Wife of Late Sohan Ram Resident of Village- Murarpur, P.S. Harsidhi, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Abhishek Kumar, Advocate For the Opposite Party : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-05-2018 Learned counsel for the petitioner is permitted to correct the description of the petitioner in the cause title. Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 302, 201 and 34 IPC.

Learned counsel for the petitioner submits that the FIR was lodged under section 302 IPC whereas police after investigation submitted charge sheet under section 306 IPC. He submits that the petitioner has falsely been implicated in the case on suspicion. FIR has been lodged after five days of the alleged occurrence. Petitioner is wife of the deceased and she is in custody since 31.10.2017 and there is no eye witness to the occurrence.

Patna High Court Cr.Misc. No.19935 of 2018 (3) dt.21-05-2018 2/2 In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on her furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Harsidhi Police Station Case No. 317 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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