Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74406 of 2018 Arising Out of PS. Case No.-680 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Kiran Devi Wife of Manoj Kumar Singh Resident of Village-Khanpur P. S. Ahiyapur, District -Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Thakur, Mr. Nilesh Kumar, Mr. Shashank Shekhar, Mrs. Babita Kumari, Advocates For the Opposite Party :

Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-03-2019 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, 201, 109 and 120B of the Indian Penal Code registered in connection with P.S. Case No.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact, it was co-accused Rajesh Kumar, brother of the petitioner's, husband who had killed his wife and hidden her dead body in the kitchen of the petitioner. The husband of the petitioner Manoj Kumar has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 10.01.2019 passed in Cr. Misc. No. 78738 of 2018. The petitioner is a lady and claims clean antecedents.

4. Be that as it may, 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

Patna High Court CR. MISC. No.74406 of 2018(3) dt.11-03-2019 2/2 Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 680 of 2018, subject to the conditions as laid down under Section 438 (2) of the 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