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Patna High CourtCR. MISC./26747/2017bail granted

Urmila Devi v. The State Of Bihar

2017-07-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26747 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -ARIYARI District- SEKHPURA ======================================================

1. Urmila Devi W/o Nand Kishore Chauhan, resident of Village- Masaurha, (Dhanu Tola), P.S. Ariari, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Dr. Indiwar Kumari For opposite party no. 2 : Mr. Pramod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 The petitioner seeks regular bail in connection with Ariari P.S. Case No. 14 of 2017, registered for offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Allegation against the petitioner, who is mother in law of the deceased is committing dowry death of the deceased. It has been submitted on behalf of the petitioner that no specific allegation has been attributed to her and the police after investigation submitted final form and has not sent up this petitioner for trial, however, learned Magistrate differing with the opinion of the police, has taken cognizance against the petitioner. Further petitioner has been in judicial custody since 08.02.2017. Heard learned A.P.P. and learned counsel for the informant. They have opposed the prayer for bail. Learned counsel for the informant has submitted that the death of the deceased was caused within seven years of her marriage.

Patna High Court Cr.Misc. No.26747 of 2017 (2) dt.11-07-2017 2/2 Having heard both sides, in view of the fact as stated above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sheikhpura, in connection with Ariari P.S. Case No. 14 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of her bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T