Bhawani Devi @ Bhawal Devi @ Bhawai Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.3957 of 2016 (2) dt.15-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3957 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -BABUBARHI District- MADHUBANI ====================================================== Bhawani Devi @ Bhawal Devi @ Bhawai Devi Wife of Bhaju Kumat Resident of village - Panchrukhi, P.S. Babubarhi, District - Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sanjay Kr. Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Babubarhi P.S. Case No. 151 of 2015 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. The niece of the informant was married to Chandradev Kamat on 17.06.2006 but allegedly, Chandradev Kamat having illicit relationship with someone used to assault the niece of the informant and ultimately the petitioner and others along with unknown killed her and cremated the dead body without informing the informant.

Submission is of false implication and that the petitioner is old mother-in-law of the deceased, she has been living

Patna High Court Cr.Misc. No.3957 of 2016 (2) dt.15-02-2016 separately since long with the deceased and her husband, there is no specific allegation against the petitioner rather specific allegation is against husband for assaulting the deceased and, as such, the petitioner who is suffering in custody since 16.11.2015, deserves sympathetic consideration.

The learned A.P.P. fairly submits that petitioner is mother-in-law.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M. IInd, Madhubani in connection with Babubarhi P.S. Case No. 151 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on her part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T