Shyama Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70772 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- PURAINI District- Madhepura ======================================================

1. Shyama Devi, W/o Mahendra Sah,

2. Mahendra Sah, S/o Late Bhola Sah, Both residents of VillageAuray, Ward No.08, P.S.- Puraini, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Puraini P.S. Case No. 42 of 2018 registered for the offence punishable under Sections 304 'B', 328, 34 of the Indian Penal Code.

Informant is the father of deceased, who in his written complaint has stated that his daughter was married to son of petitioners about 1 1⁄2 years before but she was being tortured for non-fulfillment of demand of Rs. 50,000/- and one motorcycle and he came to know that his daughter has been killed by poisoning by petitioners and other family members.

Patna High Court Cr.Misc. No.70772 of 2018(2) dt.10-12-2018 2/3 It has been submitted on behalf of the petitioners that they are father in law and mother in law of deceased and allegations against them are false and concocted. It has been further submitted that other co-accused, namely Sulekha Devi and Krishna Mohan Sah have been granted bail by this Hon'ble court vide order dated 20.09.2018 passed in Cr. Misc. No. 56356 of 2018. Petitioners have no criminal antecedent and petitioner No. 1 is in custody since 25.06.2018 and petitioner No. 2 is in custody since 06.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Uda-Kishunganj, District- Madhepura, in connection with Puraini P.S. Case No. 42 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that

Patna High Court Cr.Misc. No.70772 of 2018(2) dt.10-12-2018 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

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