Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68565 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- SANJHOLI District- Rohtas ====================================================== Sunita Devi W/o Late Dharmendra Sharma R/o Village- Susadi, P.S.- Sanjhauli, Distt- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 18.04.2022, in connection with Sanjhauli P.S. Case No. 40 of 2022, corresponding to Sessions Trial No. 412 of 2022, F.I.R. dated 21.03.2022 registered for the offences punishable under Section 302 of the Indian Penal Code but the police after investigation submitted chargesheet under Section 306 of the Indian Penal Code.

Allegation against the petitioner is that she committed the murder of her husband by throttling and also assaulted on left eye of her husband.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely

Patna High Court CR. MISC. No.68565 of 2022(3) dt.10-04-2023 2/3 implicated in the present case. He further submits that in fact the petitioner is the wife of the deceased and there is no allegation of any assault or overt act against the petitioner and it has come during investigation that the deceased has committed suicide himself. He further submits that the police after investigation submitted chargesheet against the petitioner on 28.05.2022 and the petitioner is in custody since 18.04.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-11, Rohtas at Sasaram in connection with Sessions Trial No. 412 of 2022 arising out of Sanjhauli P.S. Case No. 40 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.68565 of 2022(3) dt.10-04-2023 3/3

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T