IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31717 of 2011
Pushpa Devi, wife of Sikender Prasad
Versus
The State Of Bihar
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2. 23.09.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 302 and 201 of the Indian Penal Code.
It has been submitted that the petitioner is the wife of
the deceased and her name transpired during investigation from
the confessional statement of the co-accused that she hatched a
conspiracy for the murder of her husband.
Considering the aforesaid, let the petitioner above
named, be released on bail on furnishing bail bond of Rs. 5,000/-
(Five thousand) with two sureties of the like amount each or any
other surety to be fixed by the court concerned to the satisfaction
of Additional Sessions Judge-IV, Gaya, in connection with
Sessions Trial No. 21 of 2011 arising out of Sherghati P.S. Case
No. 148 of 2010, subject to the following conditions: (i) 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. (ii) That the affidavit
shall clearly state that the petitioner is not an accused in any other
case and if he is he shall not be released on bail. (iii) That the
bailor shall also state on affidavit that he will inform the court
concerned if the petitioner is implicated in any other case of similar
nature after his release in the present case and thereafter the court
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below will be at liberty to initiate the proceeding for cancellation of
bail on the ground of misuse. (iv) That the petitioner will give an
undertaking that he will receive the police papers on the given date
and be present on date fixed for charge and if he fails to do so on
two given dates and delays the trial in any manner, his bail will be
liable to be cancelled for reasons of misuse. (v) That the petitioner
will be well represented on each date and if he fails to do so on
two consecutive dates, his bail will be liable to be cancelled.
( Anjana Prakash, J.)
S.Ali