Pinku Devi @ Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7421 of 2022 Arising Out of PS. Case No.-606 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== PINKU DEVI @ PINKI DEVI WIFE OF PRINCE KUMAR RESIDENT OF VILLAGE - DHEKAHAN MAHUAWA TOLA, P.S- MUFFASIL, DISTEAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 304B and 34 of the Indian Penal Code and 27 of the Arms Act.

The daughter the father informant is said to have been done to death by the petitioner and her family members on account of non-fulfillment of demand of dowry. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact, the petitioner happens to be sister-in-law of the deceased and she has never demanded any dowry nor she has

Patna High Court CR. MISC. No.7421 of 2022(3) dt.22-06-2022 2/3 assaulted the deceased in any manner. He further submits that there is general and omnibus allegation against the petitioner and no specific allegation of any overt act is attributed to her. He further submits that the petitioner has been living separately from the deceased and her husband, therefore, she has got no concern with the internal affairs of wife and husband. He further submits the husband of the deceased in his concessional statement has admitted that he has committed murder of his wife. The petitioner is rotting in judicial custody since 19.11.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, 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 learned Court below where the case is pending in connection with Muffasil P.S. Case No. 606 of 2021 with 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 and shall remain physically present as directed by the

Patna High Court CR. MISC. No.7421 of 2022(3) dt.22-06-2022 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T