Pratima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80370 of 2018 Arising Out of PS. Case No.-124 Year-2015 Thana- PATAHI District- East Champaran ====================================================== Pratima Devi Son of Late Jitendra Kumar @ Jitendra Prasad, resident of Village- Gonahi, P.S.- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Patahi P.S. Case No. 124 of 2015 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegation against the petitioner is of killing the son of the Informant along with FIR named accused. It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case. It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of

Patna High Court CR. MISC. No.80370 of 2018(3) dt.07-03-2019 2/3 confessional statement of co-accused Rajesh Kumar Yadav who has already been granted bail vide order dated 29.03.2016 in Criminal Miscellaneous No. 57366 of 2015 and co-accused Chandan Kumar also been granted bail by order dated 17.11.2016 in Criminal Miscellaneous No. 37376 of 2016. There is no eye witness to the said occurrence. Petitioner has got no criminal antecedent and is in custody since 06.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Patahi P.S. Case No. 124 of 2015, with following 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 and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court

Patna High Court CR. MISC. No.80370 of 2018(3) dt.07-03-2019 3/3 below.

(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) ranjan/- U