Raj Muni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14338 of 2024 Arising Out of PS. Case No.-87 Year-2023 Thana- PALI District- Jehanabad ====================================================== Raj Muni Devi Wife of Sudarshan Yadav R/o Timalpur, P.S.- Pali, Dist.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar Verma, Sr. Advocate Mr. Rohan Verma, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-03-2024 Heard Mr. Rajeev Kumar Verma, learned Senior Counsel duly assisted by Mr. Rohan Verma, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP.
2. The petitioner is apprehending his arrest in connection with Pali P.S. Case No. 87 of 2023 for the offence under sections 304(B), 201 r/w 34 of the I.P.C. lodged on 14.07.2023 by the informant, Minta Devi.
3. As per the prosecution story, the informant alleged that her daughter was married to one Sujeet Yadav but was always tortured for dowry and on the fateful day, a telephonic information was received that she has been killed and mortal remains consigned to flame. Accordingly, the FIR.
4. Learned Senior Counsel for the petitioner submits
Patna High Court CR. MISC. No.14338 of 2024(2) dt.14-03-2024 2/3 that the petitioner is the cousin mother-in-law, having no role to play in the matter, living separately and only because she belongs to extended family, implicated.
5. Learned APP opposes the prayer stating that within two years of marriage, she was killed by her in-laws.
6. Taking into account the fact that the husband, Sujeet Yadav having married the lady, he was duty bound to protect her, the petitioner is a lady, cousin mother-in-law, she do not have criminal antecedent and will ultimately facing the trial, this Court is inclined to extend her the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jehanabad, in connection with Pali P.S. Case No. 87 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.14338 of 2024(2) dt.14-03-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) kiran/- U T