IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28308 of 2011
Sunaina Kunwar, Widow of Late Jagarnath Singh, resident
of Village Gangawa, P.S. Sidwalia, District Gopalganj.
-------Petitioner
Versus
The State Of Bihar
-----Opposite Party
-----------------
03/- 15/11/2011 Heard Mr. Rajesh Kumar Singh learned counsel for
the petitioner and Mr. Ajay Kumar- No. 2 learned Additional
Public Prosecutor for the State, who is armed with carbon/xerox
copy of the case diary up to paragraph – 34 dated 30.08.2011.
The petitioner apprehending her arrest in connection
with a case registered for the offence punishable under Sections
302/34 of the Indian Penal Code, is one of the two named
accused in this case with allegation of persuading mother of the
informant to withdraw the case, on refusal assaulted and killed
her which was seen by one Nidhi Kumari, who was preparing
meal of the deceased.
Submission is that though out in the investigation
including the statement of said eye-witness, Nidhi Kumari, it has
come that it is co-accused, Raj Kumar Singh (son of the
petitioner), who assaulted and killed the deceased. Further,
except presence and persuasion to withdraw the case, there is
nothing against the petitioner.
Considering the facts and circumstances of the case,
in the event of her arrest/surrender before the court below within
four weeks, let the above named petitioner 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, Gopalganj, in connection with Sidhwalia
P.S. Case No. 103 of 2010, subject to condition laid down under
Section 438 (2) of the Code of Criminal Procedure with
additional condition to remain physically present before the
court below till disposal of the case, in case of failure on two
consecutive dates without giving any reasonable explanation, the
liberty granted shall be deemed to be cancelled.
( Akhilesh Chandra, J.)
Praveen/-