Kalawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19600 of 2024 Arising Out of PS. Case No.-569 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.
Kalawati Devi W/o- Jay Ram Sharma Village- Bhakhadda Ps- Rajoun DistBanka 2.
Jay Ram Sharma S/o- Late Kishun Sharma Village- Bhakhadda Ps- Rajoun Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Murlidhar Mishra, Advocate For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in Rajoun P.S. case No. 569 of 2023 instituted for the offences under Sections 306/34 of the Indian Penal Code.
3. Prosecution allegation, in short, is that the daughter of the informant died and the informant suspects that the accused persons after hatching conspiracy gave poison to daughter of the informant due to which he died in course of treatment.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.19600 of 2024(2) dt.18-03-2024 2/3 present case. Charge-sheet has been submitted in this case. General and omnibus allegation has been made against the petitioners. No specific overt is alleged against the petitioners. The present is a case of love affairs and the deceased committed suicide due to ill behaviour of the informant and her parents were not aggreable with whom the deceased wanted to marry. During the course of investigation, nothing adverse had come against the petitioners. The petitioners are in custody since 13.11.2023 and have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajoun P.S. case No. 569 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.
(II) The petitioners shall appear on each and every
Patna High Court CR. MISC. No.19600 of 2024(2) dt.18-03-2024 3/3 date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) Pankaj/- U T