Rina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68461 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- PARSAUNI District- Sitamarhi ====================================================== Rina Devi Wife of Manoj Raut, R/o Village - Nayagaon, Bhorha, P.S.- Shyampur Bhattha, District - Sheohar, Daughter of Dinesh Mahto at present R/o Dhangar, P.S.-Parsauni, District - Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 302/34 of the Indian Penal Code registered in connection with Parsauni P.S. Case No. 12 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because she happens to be the married Nanad of the deceased. It is further submitted that the petitioner had herself been married two decades ago and has been residing in her matrimonial home and had no concern with the deceased and her husband. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Parsauni P.S. Case No. 12 of 2018, subject to the conditions as laid down under

Patna High Court Cr.Misc. No.68461 of 2018(3) dt.04-01-2019 2/2 Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J) U T