Sanichari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27213 of 2021 Arising Out of PS. Case No.-370 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== SANICHARI DEVI W/O BALIRAM BIND R/O VILLAGE BHAGWANPUR, P.S-CHAINPUR, DISTRICT-KAIMUR AT BHABUA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar Mishra, Advocate Mr. Anand Kishore Choudhary, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 21.01.2021, seeks regular bail in connection with Chainpur P.S. Case No. 370 of 2020, for the offence punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused named in the F.I.R, including the petitioner, committed torture and caused death of the victim due to non-fulfillment of demand of dowry.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.27213 of 2021(5) dt.03-02-2022 2/3 petitioner submits that petitioner is innocent and she has falsely been implicated in this case. He further submits that petitioner is mother-in-law of the of the victim. The petitioner has separate mess and property from the husband of the deceased and she has got no concern with the alleged occurrence. The father-in-law of victim has already been enlarged on anticipatory bail vide order dated 29.07.2021 passed in Criminal Miscellaneous No. 28556 of 2021. The petitioner is in custody since 21.01.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the above mentioned facts and circumstances of the case, the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-II, Bhabua (Kaimur) in connection with Chainpur P.S. Case No. 370 of 2020, subject to the following conditions:-

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

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.27213 of 2021(5) dt.03-02-2022 3/3

(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.

(4) If the petitioner is found involved in similar nature of offence, after her release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T