Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63982 of 2018 ====================================================== Sarita Devi, Wife of Late Rajesh Kumar @ Karu resident of VillagePunadih, P.S.- Didarganj, District- Patna (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Didarganj P.S. Case No. 30/2018, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.

Informant alleged that petitioner informed him on 23.02.2018 that five persons variously armed entered into her house last night and brutally assaulted his brother and strangulated him to death. He further alleged that petitioner has got illicit relation with co-accused Hareram Kumar and she along with Hareram has killed his brother.

It has been submitted that petitioner has falsely been implicated in this case due to family dispute. Petitioner is sister-inlaw (Bhabhi) of the informant and deceased is his brother. Coaccused Hareram Kumar has been granted bail vide order dated

Patna High Court Cr.Misc. No.63982 of 2018 (2) dt.29-10-2018 2/2 20.09.2018 passed in Cr. Misc. No. 37580/2018. Petitioner has no criminal antecedent. He is in custody since 23.02.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Didarganj P.S. Case No. 30/2018, subject to the 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.

(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) Vinita/- U T