Tetari Devi @ Laxmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80368 of 2018 Arising Out of PS. Case No.-301 Year-2018 Thana- BYPASS District- Patna ====================================================== Tetari Devi @ Laxmi Devi D/o Jodhan Mahto and Wife of Amit Raj, resident of Mohalla- Humad Gali, P.S.- Chowk, Dist.- Patna at present Mohalla Bahari Dhawalpura, P.S. Bypass, Dist.- Patna, tenant of Radha Krishna Singh, Son of Late Thara Mahto.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard the parties.

The petitioner seeks bail in Bypass P.S.Case No.301/18 registered under Sections 411, 412, 413, 414, 212, 216(A),34 of the I.P.C. and Sections 25(1-B)A, 26, 35 of Arms Act.

The informant has alleged in his written complaint that on 21.09.2018 on secret information the informant raided a rented room of the house of one co-accused Amit Raj who was an accused in Barahiya P.S.Case No.172/18 in which a lady, namely, Tetri Devi was found but her husband Amit Raj was not present in the room and on search one country made pistol and other articles were recovered.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.80368 of 2018(3) dt.13-03-2019 2/2 the petitioner has no concern with the seized incriminating articles which was kept by Amit Raj who happens to be the second husband of the petitioner and she had no knowledge about the seized pistol. She is in custody since 22.9.2018. Considering the facts and circumstances of the case, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M.- IV, Patnacity, Patna, in Bypass P.S.Case No.301 of 2018 subject to the conditions that (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(ii) petitioner/s shall co-operate in the trial and shall be represented on each and every date fixed by the court. (iii) 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 petitioner/s. (iv) if the petitioners/s is found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bond.

(S. Kumar, J) aks/- U T