Chatiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57041 of 2015 Arising Out of PS.Case No. -13 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Chatiya Devi wife of Late Suresh Ram, resident of Majhaul Ravidas Tola, P.S.- Cheriya Bariyarpur, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 01.08.2014 in connection with Cheriya Bariyarpur P.S. Case No. 13 of 2014 registered for the offence punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his sister, Nitu Devi was married to one Pintu Ram. After one year of the marriage, accused persons started subjecting her to torture and harassment in her matrimonial house and due to nonfulfilment of demand of dowry, she was killed by the petitioner, her husband and other in-laws.

Patna High Court Cr.Misc. No.57041 of 2015 (8) dt.18-08-2017 2/3 It has been submitted by the learned counsel for the petitioner that she is the mother-in-law of the deceased and there is general and omnibus allegation against all the accused persons. He submits that charge-sheet has already been submitted and considering the period of custody, a sympathetic consideration be given.

However, learned A.P.P. for the State opposes the prayer for bail stating therein that the deceased lady was carrying three months' pregnancy and that bail application of the petitioner was rejected earlier by a coordinate Bench of this Court in Cr. Misc. No. 52105 of 2014 on 10.04.2015.

Considering the facts and circumstances and the materials on record as well as the period of custody, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 13 of 2014, subject to the condition that one of the bailors would be a close relative of the petitioner, who would file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned Court below on

Patna High Court Cr.Misc. No.57041 of 2015 (8) dt.18-08-2017 3/3 each and every date and failure to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of her bail bonds.

(Nilu Agrawal, J.) Arjun/- U T