Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5869 of 2022 Arising Out of PS. Case No.-245 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== PRAMILA DEVI W/O PRANAV SAHANI @ KRISHNA SAHANI RESIDENT OF VILLAGE- KAWALPUR, P.S.- TURKAULIYA, DISTRICTEAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Mishra For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Sections 302 and 120B of the Indian Penal Code.

Allegedly, this petitioner and co-accused persons strangulated the informant's husband to death and tried to cremate his dead body.

The main submissions advanced by the learned counsel for the petitioner are that this petitioner has relationship of Gotani the informant and any specific role of her has not been mentioned in the FIR. In fact, deceased died due to hanging and in his post mortem report cause of death has been

Patna High Court CR. MISC. No.5869 of 2022(2) dt.21-06-2022 2/3 mentioned as asphyxia. As a matter of fact, due to family dispute deceased committed suicide and present case is not the case of strangulation. Petitioner has been languishing in jail since 25.8.2021.

Learned APP opposes the prayer for bail.

Having considered the above submissions and considering the cause of death of deceased given in the post mortem report and also the fact that any specific role of the petitioner in the alleged crime has not been mentioned in the FIR, she is woman, in my view, a lenient approach may be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in Turkauliya P.S. Case No. 245 of 2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.5869 of 2022(2) dt.21-06-2022 3/3 the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(3) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition. (Shailendra Singh, J) s.hassan/- U T