Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15423 of 2024 Arising Out of PS. Case No.-129 Year-2020 Thana- MEHSI District- East Champaran ====================================================== Basanti Devi, aged about 47 years, Male, W/o Nand Kishore Sahani R/o Vill - Chakki Ojhilpur, P.S. - Mehsi, Dist. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahesi P.S. Case No.-129 of 2020 registered for the offence under Sections 304(B) and 201/34 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 his 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 he has no concern with the mess and business of the deceased and her husband and he is in custody since

Patna High Court CR. MISC. No.15423 of 2024(2) dt.19-03-2024 2/3 09.12.2023. He next submits that similarly situated co-accused has already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 39713 of 2021.

5.

Learned APP appearing for the State, 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 Mahesi P.S. Case No.129 of 2020, G.R. No. 33113 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 learned CJM, East Champaran, Motihari or its available successor court with following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(ii) Petitioner shall cooperate in the trial and shall be property represented on each and every date fixed by the court. (iii) 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. (iv) if the petitioner is found involved in similar

Patna High Court CR. MISC. No.15423 of 2024(2) dt.19-03-2024 3/3 nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

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