Patna High CourtCR. MISC./75831/2018bail granted

Chintu Devi v. The State Of Bihar

2018-12-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 75831 of 2018 Arising Out of PS. Case No.-244 Year-2018 Thana- DUMRAO District- Buxar ====================================================== Chintu Devi Wife of Late Bachan Ram Resident of Village-Khirauli, Police Station Dumraon, Distt.-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parijat Saurav For the Opposite Party/s :

Mr.Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 302/34 of Indian Penal Code and Section 27 of Arms Act.

It is submitted by the petitioner's counsel that the petitioner, being wife of the deceased and informant of the occurrence, has been falsely implicated in this case due to property dispute between her and her brothers-in-laws who have deposed against her in the course of investigation on extraneous consideration. It is pointed out that the investigation is perfunctory and that there is nothing on record to connect the petitioner with the occurrence except her confessional statement

Patna High Court Cr.Misc. No.75831 of 2018(2) dt.17-12-2018 2/2 which has been obtained in custody. Petitioner is having no criminal antecedent and she is in custody since 08.07.2018. Considering the aforesaid submissions and the facts and circumstances of the case, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on her furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in Dumraon Police Station case No 244 of 2018 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T