IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20409 of 2011
Nilam Devi
Versus
The State Of Bihar
with
Cr.Misc. No.22406 of 2011
Vishwanath Singh
Versus
The State Of Bihar
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02/- 15/07/2011 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State in both the cases.
Since both the cases are arising of one case taken
together and being disposed of by this common order.
Both the petitioners are named accused in this case of
killing the husband of the informant. The parties are litigating with
each other due to land dispute. The female petitioner, Nilam Devi at
the dictates of her husband, Vishwanath Singh (co-accused) brought
licensee gun handed it over to her son (non-petitioner), who shot dead
the deceased from close range and co-petitioner, Vishwanath Singh by
getting hold of the deceased provided passage of such smooth killing.
Considering the facts and circumstances, prayer for
anticipatory bail of petitioner, namely, Vishwanath Singh (in Cr.
Misc. No. 22406/2011) is rejected.
So far, petitioner, namely, Nilam Devi (in Cr. Misc. No.
20409/2011) is concerned, in the event of her arrest/surrender before
the court below within four weeks, be enlarged on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the
like amount each to the satisfaction of Chief Judicial Magistrate,
Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 78 of
2
2011, subject to condition laid down under Section 438 (2) of the
Criminal Procedure Code with additional condition to remain
physically present before the court below on each and every date at
least for three years or till disposal of the case, whichever is earlier, in
case of failure on two consecutive dates, without giving any
reasonable explanation, the liberty granted shall be deemed to be
cancelled.
Praveen/- ( Akhilesh Chandra, J.)