Kunti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11704 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- EKANGARSARAI District- Nalanda ====================================================== KUNTI DEVI aged about 52 years Gender-Female Wife of Ram Pravesh Yadav @ Ram Pravesh Yaddav Resident of Village - Chak Mushari, P.S.- Ekangarsarai, District - Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code. Allegation against the petitioner is of killing the daughter of the Informant along with FIR named accused for non fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case. It has been further submitted that the petitioner is the Mother-in-

Patna High Court CR. MISC. No.11704 of 2019(2) dt.14-03-2019 2/3 Law and there is general and omnibus allegation against her. Petitioner has got no criminal antecedent and is in custody since 05.09.2018.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with S. Tr. No. 16 of 2019 arising out of Ekangarsarai P.S. Case No. 155 of 2018, with following conditions:-

(1) It is made clear that the bail bond of the petitioner shall be accepted only if her son will surrender before the court below.

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

(3) 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 the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(4) If the petitioner tampers with the evidence

Patna High Court CR. MISC. No.11704 of 2019(2) dt.14-03-2019 3/3 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) ranjan/- U