Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63253 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- SIKANDRA District- Jamui ====================================================== Sangita Devi W/o Lakhan Mandal, resident of Village- Gunhar, P.S. Sikandra, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner, who is in custody, seeks bail in connection with Sikandra P.S. Case no. 79 of 2018 registered for the offences punishable under Sections 498(A), 304 (B)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Allegation against petitioner is of torturing the daughter of informant for non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that petitioner is mother in law of deceased and she is an old lady and no specific overt act is attributed against her. There is no demand of dowry and there is no allegation that the deceased was subjected to cruelty for non-fulfillment of demand of

Patna High Court Cr.Misc. No.63253 of 2018(2) dt.26-10-2018 2/2 dowry. Petitioner has no criminal antecedent and she is in custody since 20.06.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Sikandra P.S. Case No. 79 of 2018 subject to the condition that:-

(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 present on each and every dated fixed by the court and her absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel her bail bond.

(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.

(S. Kumar, J) veena/- U T