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Patna High CourtCR. MISC./33011/2021bail granted

Bal Kuwar Devi @ Bal Kunwar Devi v. The State Of Bihar

2021-09-28Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 33011 of 2021 Arising Out of PS. Case No.-533 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Bal Kuwar Devi @ Bal Kunwar Devi Wife Of Devmangal Ram R/O VillageNarayanpur, P.S.- Naubatpur, Dist.- Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-09-2021 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 341, 323, 498(A), 302/34 of the Indian Penal Code.

Informant is the brother of deceased, who has alleged in his written complaint that marriage of his sister was solemnized with the son of petitioner 17-18 years before and two children were also born from the said wedlock and thereafter she was being tortured by petitioner and other coaccused for non-fulfillment of demand of dowry. On 15.10.2020 he got information that the petitioner and other family members have killed his sister.

It has been submitted on behalf of petitioner that

Patna High Court CR. MISC. No. 33011 of 2021(2) dt.28-09-2021 2/3 petitioner is the mother-in-law of deceased, who is living separately and is not concerned with the affairs of his son and his wife. There is no eye witness of the occurrence. According to postmortem report, no external injury was found on the person of the deceased and no cause of death has been ascertained. Petitioner has no criminal antecedent and is in custody since 17.10.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna, in connection with Naubatpur P.S. Case No. 533 of 2020, subject to conditions that:-

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

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and her absence on two consecutive dates without proper

Patna High Court CR. MISC. No. 33011 of 2021(2) dt.28-09-2021 3/3 and sufficient reason the trial court will be at liberty to cancel her bail bond.

(3) 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.

(S. Kumar, J) Rajiv/veenaU T