Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19993 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Mina Devi Wife Of Sudama Sah Resident Of Village - Babhangawa, P.S. - Barhara (KRISHNAGARH O.P.), Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 24.01.2023 in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 335 of 2022, F.I.R. dated 14.05.2022 registered for the offence punishable under Sections 304(B)/34of IPC. Allegation against the petitioner is that she alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and she has falsely been implicated in the present case mainly on the

Patna High Court CR. MISC. No.19993 of 2023(3) dt.05-07-2023 2/3 ground that she is mother-in-law of the deceased. Further submits that from bare perusal of the FIR it transpires that there is general and omnibus allegation against all the accused persons including the petitioner. There is no specific allegation of any assault or overt-act attributed against the petitioner and the husband of the deceased is already in custody and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 24.01.2023.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 335 of 2022,with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled

Patna High Court CR. MISC. No.19993 of 2023(3) dt.05-07-2023 3/3 by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T