Shardha Devi @ Sharadha Devi @ Sarda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11676 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Shardha Devi @ Sharadha Devi @ Sarda Devi, aged about 50 years, (Female), W/o Vindeshwar Ram Resident of Village - Narsinpur Bagahi Ram Tola, Ward no.3, P.S.- Sakra, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 328, 304 (B), 34 of the Indian Penal Code.

Informant who is the father of deceased has stated that marriage of his daughter was solemnized in the year, 2017 with the son of petitioner and after marriage his daughter went to her matrimonial home where her husband started demanding motorcycle and also demanded motorcycle from informant and started pressurizing him upon which her daughter refused and thereafter allegation is that on 24.05.2018 he was informed by in-laws of his daughter that she is unwell and subsequently it

Patna High Court CR. MISC. No.11676 of 2019(2) dt.05-04-2019 2/3 was informed that she died and it is alleged that due to nonfulfillment of demand of motorcycle by the son of petitioner all his family members killed his daughter by administering poison to her.

It has been submitted on behalf of the petitioner that she is innocent and has committed no offence. She has been falsely implicated in this case. Petitioner is mother-in-law of the deceased and there is no allegation of any demand of dowry against her and she was not concerned with the family affairs of her son. Petitioner is in custody since 26.06.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon 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 Sakara P.S. Case No. 216 of 2018, corresponding to G.R. No. 2575 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and her absence on two consecutive dates without

Patna High Court CR. MISC. No.11676 of 2019(2) dt.05-04-2019 3/3 sufficient reasons, her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T