Savita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29825 of 2021 Arising Out of PS. Case No.-110 Year-2020 Thana- MAHINDWARA District- Sitamarhi ====================================================== SAVITA DEVI W/o Raju Kumar Mahto @ Raju Mahto R/o Village - Gidha Fulwaria, P.S. - Mahindwara, in the district of Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Qumrul Hoda For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 341,323,304(B) of IPC.

Informant has alleged in his written complaint that he married his daughter Anu Kumari with one Rahul Kumar Mahto on 19.12.2019, however after marriage she was being tortured by her in laws for non-fulfillment of demand of dowry and he came to know that on 30.08.2020 she has been killed by strangulation.

Patna High Court CR. MISC. No.29825 of 2021(2) dt.06-06-2022 2/3 Learned counsel for the petitioner submits that the petitioner has clean antecedent. She has falsely been implicated in the present case. He further submits that it appears from the FIR that there is general and omnibus allegation against all the accused persons including the petitioner. In fact the petitioner is sister-in-law of the deceased and the husband of the deceased has already been granted bail vide order dated 05.08.2021 by a Coordinate Bench of this Hon'ble Court in Cr. Misc. No.27452 of 2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 court below where the case is pending in connection with Mahindwara P.S. Case No. 110 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.29825 of 2021(2) dt.06-06-2022 3/3 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 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.

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