Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65090 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== SONI KUMARI, Wife of Late Santosh Kumar, Daughter of Upendra Yadav, Resident of Village - Baljora, P.S. - Triveniganj, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 364 and 302 of the Indian Penal Code.

The Informant is not an eye-witness of the occurrence. In the FIR, the informant has only raised suspicion against the petitioner and others including the parents of the petitioner that they committed murder of Santosh Kumar, the son of the informant and husband of this petitioner for the reason that the petitioner was carrying extra marital relationship with one Dilkhush Kumar and Pravesh Kumar. The suspicion of extra marital relation is based on the fact that this petitioner was in talking term with the two persons.

The impugned order has been passed after perusal of the

Patna High Court CR. MISC. No.65090 of 2019(2) dt.04-11-2019 2/2 case diary. However, it does not reveal that the petitioner was seen by any one along with the deceased at any point of time before death. Petitioner is in custody since 23.02.2019. Investigation of the case is already complete. There is no allegation of tampering with the evidence.

Learned counsel for the State vehemently opposed the prayer for bail.

Considering the entire facts aforesaid which does not depict any direct material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Triveniganj Police Station Case No. 50 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T