Rimjhim Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84588 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== RIMJHIM DEVI D/O SUNIL SINGH, WIFE OF CHHOTUKUMAR @ BAM BHOLA R/O VILLAGE- PAHSHARA, P.S.- NAWKOTHI, DIT.- BEGUSARAI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar Sinha, Adv For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Nawkothi P.S. Case No. 102 of 2023 registered on 13.08.2023 lodged under Sections 302, 120(B)/34 of the I.P.C. and 27 of the Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against four named accused persons including the petitioner. The allegation is that informant along with his relatives reached at the house of the victim persons where hot discussion took place and thereafter, the petitioner has ordered to kill them and thereafter firing took place which resulted into death one of the accused persons.
Patna High Court CR. MISC. No.84588 of 2023(2) dt.10-01-2024 2/3
4. Counsel for the petitioner submits that even if the allegation is accepted to be true, then also, the allegation of the petitioner is only that she has ordered to kill them and chargesheet has already submitted.
5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 14.08.2023 having clean antecedent.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Nawkothi P.S. Case No. 102 of 2023, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.84588 of 2023(2) dt.10-01-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Sunnykr/- U T