Kaushalya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17019 of 2022 Arising Out of PS. Case No.-337 Year-2020 Thana- PIPRA District- East Champaran ====================================================== Kaushalya Devi Wife Of Dhuran Singh Resident Of Village- Chintamanpur, P.S.- Pipra, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Pipra P.S. Case No. 337 of 2020 for the offences under Sections 304B, 120B/34 of the Indian Penal Code. As per the allegation in the FIR, the informant had married her daughter to one Animesh Kumar in 2018, but she was always tortured for dowry. In continuation, it is alleged that on 18.11.2020, they tried to put her on fire. She was immediately taken to the hospital where she ultimately succumbed to the said injuries.
Learned counsel for the petitioner submits that the petitioner is the mother-in-law living separately from the other
Patna High Court CR. MISC. No.17019 of 2022(4) dt.30-08-2022 2/3 members of the family and have nothing to do with the alleged crime. He further submits that she is in custody since 10.11.2020 (as stated in paragraph-12 of the bail application). Considering the fact that the petitioner is the motherin-law of the deceased, she is in custody since 10.11.2020, charge sheet stands submitted and ultimately she has to face trial, this Court is inclined to grant him the privilege of bail. Let the 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No. 337 of 2020, subject to the following conditions. (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
Patna High Court CR. MISC. No.17019 of 2022(4) dt.30-08-2022 3/3 With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T