Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60356 of 2018 Arising Out of PS.Case No. -172 Year- 2018 Thana -KHAIRA District- SARAN ======================================================

1. Malti Devi, W/o Sudarshan Mahto, Resident of Village- Khodai Bagh, P.S.- Khaira, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mahendra Prasad Verma For the Opposite Party/s : Mr. Ravi Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Khaira P.S.Case no.172 of 2018 dated 8.7.2018 registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner as per FIR is that the petitioner has pointed out to the deceased and thereafter the other accused persons fired on him causing his death. Submission of the learned counsel for the petitioner is that there is no allegation of assault against the petitioner and she is in custody since 8.7.2018. The charge-sheet has been submitted. Heard learned A.P.P. and the leaned counsel for the informant. They have opposed the prayer for bail.

Patna High Court Cr.Misc. No.60356 of 2018 (2) dt.06-10-2018 2/2 Having heard both sides and in view of the fact that she is a lady and there is no allegation of assault against her, as such let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM-10, Saran at Chapra in connection with Khaira P.S.Case no.172 of 2018. With 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 co-operate in the disposal of trial and make herself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T