Chhathia Kuer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58260 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Chhathia Kuer, Wife of Late Parma Nand Prasad, Resident of VillageEkderwa, P.S.- Baikunthpur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogendra Prasad Sinha For the Opposite Party/s :

Mr.Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Counsel for the petitioner is permitted to add Sessions Trial number and name of the court in para no.1 and prayer portion of the petition.

Heard learned counsel for petitioner, learned counsel for the informant and learned counsel for the State. Petitioner, who is in custody, seeks bail in connection with Baikunthpur P.S. Case No. 117 of 2018 corresponding to S. Trial No. 563 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Informant has alleged in her written complaint that petitioner along with F.I.R. named accused persons killed his father-in-law by pouring Kerosene oil on him and thereafter setting him ablaze.

It has been submitted on behalf of the petitioner that she is innocent and has committed no offence. She has been

Patna High Court Cr.Misc. No.58260 of 2018(4) dt.20-12-2018 2/2 falsely implicated in this case. Petitioner is a lady and she is aged about 72 years old. There is land dispute going on between the parties. Petitioner is in custody since 06.06.2018. Learned counsel for the informant vehemently opposed the prayer for bail.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-5th, Gopalganj, in connection with Baikunthpur P.S. Case No. 117 of 2018 corresponding to S.Tr. No. 563 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T