Mugli Devi @ Risha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15422 of 2024 Arising Out of PS. Case No.-164 Year-2020 Thana- NADI P.S. District- Patna ====================================================== Mugli Devi @ Risha Devi (F), aged about 50 years, W/o Binod Kumar Singh @ Binod Prasad R/o Marchi P.S.- Bypass, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramjiban Prasad, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP For the Informant :

Mr. Shyamal Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner seeks bail in connection with Nadi P.S. Case No.-164 of 2020 registered for the offence under Sections 304(B) and 120(B)/34 of the Indian Penal Code.

3. As per the prosecution case, it is a case of dowry death due to non-fulfilment of dowry demand by the petitioner and other family members.

4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that the petitioner is mother-in-law of the deceased and husband of the deceased has already been granted bail by a Bench of this Court passed in Cr. Misc. No. 29586 of

Patna High Court CR. MISC. No.15422 of 2024(2) dt.19-03-2024 2/3 2021 and he has no concern with the mess and business of the deceased and her husband. Petitioner is a lady and she is in custody since 24.09.2023.

5.

Learned APP appearing for the State as well as learned counsel for the Informant, opposes the prayer for bail of the petitioner.

6.

Considering the facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail in connection with Nadi P.S. Case No.164 of 2020 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Priyanka Kumari, Judicial Magistrate, Ist Class, Patna City (Patna)/concerned Court with the following conditions:- (I) Petitioner shall cooperate 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 on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the trial court. (ii) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.15422 of 2024(2) dt.19-03-2024 3/3 (iii) And, further condition that the trial court shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the trial court shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T