Mina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19424 of 2024 Arising Out of PS. Case No.-13 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== MINA DEVI W/O BALDEV DAS R/O VILLAGE- DATTAPUR, P.SSARAIYA, DISTT.- MUZAFFARPUR. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no.128 of 2022, arising out of Saraiya P.S Case no. 13 of 2020 registered under sections 304B and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that his daughter who has married to the son of the petitioner herein, as a result of torture burnt herself by pouring kerosene oil. The informant states that his son-in-law and his mother ie the petitioner herein are responsible for her death. Both of them were demanding a motorcycle and were torturing his daughter for non-fulfillment of the same.
4. Learned counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide order
Patna High Court CR. MISC. No.19424 of 2024(2) dt.13-03-2024 2/3 dated 22.12.2022 passed in Cr. Misc. no.11476 of 2022. Subsequent to passing of the said order, the husband of the deceased surrendered on 17.10.2023. Charge has been framed in the learned trial Court and the examination of prosecution witnesses has commenced. The petitioner undertakes to cooperate in the trial.
5. The prayer for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner who happens to be the mother-in-law of the deceased having remained in custody for 2 years 6 months since 7.9.2021 and charge having been framed in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.128 of 2022 (arising out of Saraiya P.S Case no. 13 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st, Muzaffarpur on the following conditions :- (I) The petitioner shall remain physically present in the trial court on each date of the trial and shall cooperate in the trial.
(II) In case of the petitioner not cooperating in the
Patna High Court CR. MISC. No.19424 of 2024(2) dt.13-03-2024 3/3 trial or the petitioner remains absent on any single date for reasons not to the satisfaction of the learned trial court or the learned trial court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial court may cancel the bail bond of the petitioner and take her into custody till conclusion of the trial.
(Partha Sarthy, J) Shiv/- U T