Aalo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20216 of 2021 Arising Out of PS. Case No.-133 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== AALO DEVI W/O LATE BRAHMDEO CHAUDHARY RESIDENT OF VILLAGE/MOHALLA- MAHIMA BIGHA, P.S.- AKBARPUR, DISTRICTNAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Deo Raj For the Opposite Party/s :
Mr.Manoj Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Akbarpur P.S. Case No. 133 of 2020, registered for the offence punishable under Sections 302/201/34 of the Indian Penal Code. As per the prosecution case, daughter of the informant was married with co-accused Sukhi Chaudhary ten years ago and after marriage, she gave birth to two children. It is further alleged that again she became pregnant and all the accused persons including this petitioner physically assaulted her to death and disposed of her dead body.
Patna High Court CR. MISC. No.20216 of 2021(2) dt.09-07-2021 2/3 It is submitted on behalf of the petitioner that petitioner is Gotni of the deceased and she is living separately and has no concern with the family affairs of the deceased and her husband. There is general and omnibus allegation. Husband is already in custody. Petitioner is in custody since 27.11.2020 having no criminal antecedent.
Considering the facts and circumstances of the case and the fact that petitioner is Gotni of the deceased and there is general and omnibus allegation, the petitioner above-named, is directed to be enlarged 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 learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 133 of 2020, subject to following conditions:- (i) The 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 Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.20216 of 2021(2) dt.09-07-2021 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T