Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72800 of 2018 Arising Out of PS. Case No.-339 Year-2017 Thana- KHARHAGPUR DistrictMunger ====================================================== Sanju Devi W/o Sarwan Yadav, Resident of Village/Muhalla-Rambihari, Police Station- Kharagpur, District-Munger.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar Singh, Advocate.

For the Opposite Party:

Mr. S.N. Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 302, 307, 324/34 of the Indian Penal Code registered in connection with Kharagpur P.S. Case No. 339 of 2017.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of admitted past enmity between the parties and the petitioner's side had suspected the informant's mother (deceased) to have had killed Subodh Yadav. The petitioner has not been named in the F.I.R. and the accusation based on the statement of some witnesses is not credible as the petitioner was well known to the informant's side and if she had been present at the place of occurrence she would have been named in the F.I.R. itself. The petitioner is a lady and claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from

Patna High Court CR. MISC. No.72800 of 2018(4) dt.07-03-2019 2/2 the date of communication of this order, let the above named 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 Additional Chief Judicial MagistrateIV, Munger in connection with Kharagpur P.S. Case No. 339 of 2017, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T