Indu Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77036 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- THARTHARI District- Nalanda ======================================================

1. Indu Devi wife of Rajiv Prasad.

2. Rabari Devi Daughter of Bindeshwar Gope, both resident of village-Atwal Chak, Police Station- Tharthari, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioners seek bail in Tharthari P.S. Case No. 93 of 2018 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

Informant who is the father of the deceased has alleged that when he was standing near his Angan and his son (deceased) was sitting near the door, petitioners along with other co-accused came there and started abusing his son and thereafter on instigation of petitioners co-accused Rajiv Prasad caught hold and co-accused, namely, Rajesh Kumar and Dharmpal Kumar fired upon his son as a result of which his son died. It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.77036 of 2018(2) dt.20-12-2018 2/2 they are innocent and have been falsely implicated in this case. There is no specific allegation against the petitioners. Petitioners are lady. Specific allegation of firing is upon co-accused Rajesh Kumar and Dharmpal Kumar. Petitioners have got no criminal antecedent and are in custody since 10.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Tharthari P.S. Case No. 93 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.

(3) If the petitioners 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 petitioners. (S. Kumar, J) ranjan/manojU T