Fulamani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13440 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- KATORIYA District- Banka * ====================================================== FULAMANI DEVI Wife of Shiv Shankar Rajak Resident of Village - Bhorsar, P.S.- Katoria, Distt- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 304(B), 201/34 IPC registered in connection with Katoria P.S. Case No. 194/2018 (G. R. No. 3526 of 2018).

3. It is submitted that the petitioner has been falsely implicated merely because she happens to be the mother-in-law if the informant's daughter. It is submitted that the petitioner is living separately with her son and his wife and has no concern with their day-to-day affairs. Statement is made at Bar that the husband of the deceased lady (petitoner's son) has been taken in jail custody. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Banka, District Banka, in connection with Katoria P.S. Case No. 194/2018 (G. R. No. 3526 of 2018) subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following

Patna High Court CR. MISC. No.13440 of 2019(2) dt.07-03-2019 2/2 further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T