Kiran Kumari @ Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78265 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== Kiran Kumari @ Kiran Devi wife of Sohan Kumar Das Resident of VillageJaynagar Rajputana Tol, P.S. Jaynagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in S.T. No.307/18 arising out of Jaynagar P.S. Case No. 90/2018 registered for the offence punishable under Sections 302, 34 of the Indian Penal Code. Informant who is father of the deceased has alleged in his written complaint that after receiving a mobile call, his son went outside the house without disclosing anything and did not return and when he was contacted on his mobile, it was found to be switched off. Even after much search, he could not be located and on 02.03.218 at 8 p.m., he was informed that the dead body of his son is lying in a mustard field. He has suspected that unknown criminals have killed his son.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case merely

Patna High Court Cr.Misc. No.78265 of 2018(2) dt.17-01-2019 2/3 on the basis of suspicion that she was having an affair with the deceased and both wife and husband in conspiracy have killed him and except suspicion, there is no any material against the petitioner. Petitioner is a lady having no criminal antecedent and she is in custody since 10.03.2018.

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 1st Addl. Distt. & Sessions Judge, Madhubani, Distt, Madhubani in connection with S.T. No.307/18 arising out of Jaynagar P.S. Case No. 90/2018, 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 absence on two consecutive dates without sufficient reason, his 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

Patna High Court Cr.Misc. No.78265 of 2018(2) dt.17-01-2019 3/3 bail of the petitioner.

(S. Kumar, J) Sanjay/- U T