Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45992 of 2015 Arising Out of PS.Case No. -158 Year- 2013 Thana -AURAI District- MUZAFFARPUR ====================================================== Meena Devi wife of Kishori Sah, resident of village- Sarbachiya, P.S. Aurai, Dist- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Pronati Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 03-11-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 302, 201/34 of the Indian Penal Code and the fact that not only the petitioner has been named in the F.I.R. on a mere suspicion alongwith as many as six other persons, who are said to be somewhere responsible for the death of the daughter of the informant, who was said to be missing at least on or before 22nd of August, 2013 and that the First Information Report came to be filed on 29.8.2013 when the dead body of the daughter of the informant was recovered, this Court by taking into account that not only the petitioner is a lady but also has got no criminal antecedent would direct that if the petitioner, Meena Devi, surrenders before the court below within a period of four weeks from today, she shall be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.45992 of 2015 (2) dt.03-11-2015 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Javed Alam, Judicial Magistrate, 1st Class, Muzaffarpur in Aurari P.S.Case No. 158/2013, subject to the following conditions:

(i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that she is accused in any other criminal case, she shall not be granted bail and would be taken into custody. (ii) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(iii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iv) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on the date fixed for charge and if she fails to do so

Patna High Court Cr.Misc. No.45992 of 2015 (2) dt.03-11-2015 on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each and every date of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone.

surendra/- (Mihir Kumar Jha, J) U