Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38707 of 2018 Arising Out of PS.Case No. -182 Year- 2018 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Rekha Devi W/o Sunil Kumar, R/o Vill.- Nima, P.S.- Dhanaura, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Bakhtiyarpur P.S.Case no.182 of 2018 , registered for offences punishable under Sections 302, 201 of the Indian Penal Code. Petitioner is not named in the FIR and the allegation in the FIR is that the deadbody of the deceased was found and none has been named in the FIR. It appears that during the course of investigation, mother of the deceased was arrested and she confessed that she along with one Dharmbir Kumar has killed the deceased and in confession she has named this petitioner as conspirator.

Submission of the learned counsel for the petitioner is that there is absolutely nothing against the petitioner.

Patna High Court Cr.Misc. No.38707 of 2018 (2) dt.04-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Barh, District Patna in connection with Bakhtiarpur P.S.Case no.182 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T