Israwati Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.58433 of 2015 (2) dt.03-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58433 of 2015 Arising Out of PS.Case No. -172 Year- 2015 Thana -BHORE District- GOPALGANJ ======================================================

1. Israwati Devi Wife of Raj Kishore Bhagat Resident of Village - Khadahi , P.S. Bhore , District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bhore P.S. Case No. 172 of 2015 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. Ruby Devi, the daughter of the informant, was married to Ram Ekbal Bhagat on 10.05.2015 and thereafter, due to non fulfillment of demand of motorcycle she was killed by her husband and the petitioner.

Submission is of false implication and that the petitioner has got no concern with the family affairs of the deceased and her husband, the petitioner is sister-in-law, the husband of the deceased is already in custody and as such the

Patna High Court Cr.Misc. No.58433 of 2015 (2) dt.03-02-2016 petitioner who is suffering in custody since 26.9.2015 deserves sympathetic consideration and charge-sheet has been submitted and there is no chance of tampering with prosecution evidence. Learned A.P.P. fairly submits that the petitioner is sister-in-law of the deceased.

In the facts and circumstances stated above, 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 Sri Ashish Mishra, Judicial Magistrate, 1st Class, Gopalganj, in connection with Bhore P.S. Case No. 172 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 his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/-Siddharth U T