Bijali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22308 of 2018 Arising Out of PS. Case No.-231 Year-2014 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Bijali Devi W/o Bharat Singh, R/o Vill.- Munja, P.S.- Baikunthpur, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sugandha Prasad, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Baikunthpur P.S. Case No. 231 of 2014 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his third daughter, Sandhya alias Chandani Devi who was married to petitioner's son had been burnt to death due to non-fulfilment of demand of motorcycle. It has been submitted by the learned counsel for the petitioner that she is innocent, is the mother-in-law, has a separate home and hearth from that of Tinku Singh and his deceased wife, and, she is staying with her elder son. It is further

Patna High Court Cr.Misc. No.22308 of 2018(2) dt.19-04-2018 2/3 submitted that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner and she undertakes to cooperate in the trial.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Gopalganj in connection with Baikunthpur P.S. Case No. 231 of 2014, subject to the conditions that:

(1) Both the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating their relationship with the petitioner.

(2) The petitioner will appear before the learned Court below on each and every date and failure to appear on

Patna High Court Cr.Misc. No.22308 of 2018(2) dt.19-04-2018 3/3 two consecutive dates without assigning any reason will entail cancellation of her bail bonds.

(Nilu Agrawal, J.) Arjun/- U T