Sonmati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4041 of 2025 Arising Out of PS. Case No.-194 Year-2024 Thana- RAJPUR District- Buxar ====================================================== Sonmati Devi W/O Late Rajendra Singh R/O Village- Rampur, P.S- Rajpur, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar, Advocate For the Opposite Party/s :
Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-03-2025 Heard the parties.
2. The petitioner is in judicial custody in connection with Rajpur PS Case No. 194 of 2024 for the offences punishable under Sections 302, 120(B)/34 of the IPC, lodged on 24.06.2024 by the informant, Jagdish Singh.
3. As per the prosecution story, the informant alleged that his son had gone to the pond to feed the fish but failed to return and as the call was also not answered, they went searching and found his dead body, as they had reasons to believe about the conspiracy theory of Sonamati Devi (the petitioner herein) with her son-in-law, Chhatthu Lal Singh and other family members, on the belief that they have killed him, the FIR/arrest.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.4041 of 2025(2) dt.19-03-2025 2/3 there is nothing on record to show that anyone has witnessed the occurrence and/or has made any allegation against the petitioner. Though they had an issue, this cannot be a reason to implicate them, further undertaking is that she will be diligently appearing in trial and one of the co-accused, Chhathulal Singh has been granted bail in Cr. Misc. No. 74865 of 2024 vide an order dated 06.02.2025.
5. Learned APP on the other hand opposes the prayer submitting that she has also been named.
6. Taking into account the aforesaid facts as also that co-accused, Chhathulal Singh has been granted bail, the petitioner is in custody since 21.09.2024 and an undertaking has been given that she shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned District & Additional Sessions Judge-VII, Buxar in connection with aforesaid P.S. Case subject to the following conditions: (i) one of the bailors should be the family member/relative of the petitioner who shall provide official
Patna High Court CR. MISC. No.4041 of 2025(2) dt.19-03-2025 3/3 document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T