Ratan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31358 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- NAUHATTA District- Rohtas ====================================================== 1.
RATAN DEVI Wife of Satya Narayan Chaudhary Resident of Village - Dara nagar, P.S. - Navhatta, Dist. - Rohtash.
2.
Satya Narayan Choudhary Son of Late Tulsi Choudhary Resident of Village - Dara nagar, P.S. - Navhatta, Dist. - Rohtash. ... ... Petitioners
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mrs.Kumari Sujata Sinha For the Opposite Party/s :
Mr.Arun Kumar Pandey.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-02-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State in virtual court proceeding.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioners seek bail in connection with Navhatta P.S. Case No. 06/2021 registered for the offences punishable under Section 304(B)/34 of the IPC.
The prosecution case, in short, is that the informant's
2/4 daughter was married with co-accused Saroj Chaudhary five years ago and after marriage the accused persons demanded rupees two lacs in dowry and for that she was tortured by the accused persons. It has further been alleged that due to non issue of child the accused persons also tortured the deceased and for all that reason the deceased hanged herself.
Learned counsel for the petitioners submits that petitioners have clean antecedent and have committed no offence and they have falsely been implicated in the present case. In fact, petitioner no. 1 is mother-in-law whereas petitioner no. 2 is father-in-law of the deceased. He further submits that there is general and omnibus allegation against the petitioners. He further submits that during investigation it has come that deceased hanged herself due to some family dispute. Petitioners are in custody since 16.01.2021.
Learned counsel for the State on the basis of material available on record as well as case diary has fairly submits that it has come during the investigation that deceased was short tempered lady and was unable to bear a child so she hanged herself.
Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing
3/4 bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Smt. Hema Kumari, learned Judicial Magistrate 1st Class, Dehri-on-Sone (Rohtas at Sasaram) in connection with Navhatta P.S. Case No. 06/2021, subject to the following conditions:-
1. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
2. If the petitioners tamper 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) shahzad/- U T