Mina Devi @ Meena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80166 of 2018 Arising Out of PS. Case No.-292 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== Mina Devi @ Meena Devi, Wife of Late Bhikho Yadav, Resident of Village - Kharik Bazar Krishna Asthan, P.S.- Kharik, District- Bhagalpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Yadav, Adv For the Opposite Party/s :
Mr.Dr. Rabindra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Bihpur (Jhandapur) P.S. Case No. 292 of 2018 registered for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.
Informant is the choukidar who in his fardbeyan has stated that on 19.07.2018 a dead body of unidentified lady was found but no one could recognize her.
It has been submitted on behalf of the petitioner that she is innocent and has committed no offence. She has been falsely implicated in this case. Petitioner is mother of deceased and she has been remanded in this case on the basis of her self confession taken by the police. Similarly placed co-accused
Patna High Court Cr.Misc. No.80166 of 2018(3) dt.06-02-2019 2/2 Mukesh Yadav has been granted bail by co-ordinate bench of this court passed in Cr. Misc. No. 72523 of 2018 vide order dated 20.12.2018. Petitioner is in custody since 21.07.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Naugachia, District- Bhagalpur, in connection with Bihpur (Jhandapur) P.S. Case No. 292 of 2018 (G.R. No. 1075 of 2018), subject to 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 Court and her absence on two consecutive dates without sufficient reasons, her bail bond shall be cancelled by the court 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) Rajiv/- U T