Indrashan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26054 of 2021 Arising Out of PS. Case No.-877 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== INDRASHAN DEVI WIFE OF SRI SURENDRA PANDEY @ SURESH PANDEY R/O VILLAGE- KUSHAR, P.S.- TURKAULIA, DIST.- EAST CHAMPARAN ... ... Petitioner.
Versus
THE STATE OF BIHAR ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Yogesh Chandra Verma, Senior Advocate.
For the State :
Mr. Bimal Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 08-12-2021 The applicant/accused in Crime No.877 of 2020 registered with Police Station-Turkauliya for the offences punishable under Sections 304(B), 201 read with Section 34 and Section 120(B) of the Indian Penal Code, by this application is seeking her release on bail during the course of the trial. Heard learned Senior counsel appearing for the applicant/ accused. He submits that the husband of deceased married women is in the jail. The applicant is mother-in-law of deceased married women. She is undergoing pretrial detention since long and her further pretrial detention is not warranted. It is further argued that marriage took place prior to 61⁄2 years of the alleged unnatural death and the allegations are omnibus in nature. Learned Additional Public Prosecutor opposed the
Patna High Court CR. MISC. No.26054 of 2021(2) dt.08-12-2021 2/3 application by contending that the deceased was subjected to cruelty for and on account of dowry. He further states that even without informing the parental relatives, the deceased was cremated by the applicant.
I have considered the submissions so advanced and also perused the materials placed before me.
The applicant is aged mother-law. She is behind the bars from 10.12.2020.
Considering the fact that the applicant is women who has already undergone sufficient pretrial detention, I am inclined to release her on bail. Therefore, this order (i). The application is allowed.
(ii). The applicant/accused in Crime No.877 of 2020 registered with Police Station-Turkauliya for the offences punishable under Sections 304(B), 201 read with Section 34 and Section 120(B) of the Indian Penal Code be released on bail on executing P.R. bond of Rs.10000/-(Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: (I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him
Patna High Court CR. MISC. No.26054 of 2021(2) dt.08-12-2021 3/3 from disclosing such facts to the Court or to any police officer.
(II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.
The applicant to remove all office objections forthwith and the Registry to issue bail-writ as per this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) P.S./- U T