Patna High CourtCR. MISC./10720/2024bail granted

Renu Devi v. The State Of Bihar

2024-07-12Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10720 of 2024 Arising Out of PS. Case No.-380 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== RENU DEVI W/O SHYAM PODDAR @ SHYAM KISHORE PODDAR R/O VILLAGE- NIM TALLA CHOWK (NEAR R.C. COLLEGE), P.SSAKRA, DISTT.- MUZAFFARPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Bela Singh, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2024 Heard Mrs. Bela Singh, learned counsel for the petitioner and the State.

2. The petitioner is apprehending her arrest in connection with Sakra P.S. Case No. 380 of 2022 for the offence under Sections 304B and 34 of the I.P.C. lodged on 23.07.2022 by the informant, Sujeet Kumar.

3. As per the prosecution story, the informant alleged that marriage of his sister was solemnized in the year 2021 but was always tortured for dowry by the husband and family members and on 22.07.2022, she was burned to death. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that the in-laws live separately, having no role to play in the matter. The

Patna High Court CR. MISC. No.10720 of 2024(4) dt.12-07-2024 2/3 responsibility was on the husband and he is also an accused in this case.

5. Learned APP opposes the prayer submitting that the allegation is also against the petitioner herein.

6. Taking into account the fact that the petitioner is mother-in-law, do not have criminal antecedent, as per the submission put forward by the learned counsel for the petitioner, she used to lives separately from the couple, FIR lodged and will be facing the trial, this Court is inclined to extend her the privilege of anticipatory bail with conditions.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate12th, East, Muzaffarpur in connection with Sakra P.S. Case No. 380 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.10720 of 2024(4) dt.12-07-2024 3/3 (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