Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46904 of 2014 Arising Out of PS.Case No. -214 Year- 2013 Thana -DARIYAPUR District- SARAN ====================================================== Sunita Devi, W/o Surendra Thakur R/o Village Mathia, Tole Saraiya, P.S. Dariapur, District Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate. For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-04-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner being a lady and in fact, mother-in-law facing prosecution for offence under Section 304(B) and 201/34 of the Indian Penal Code and has got no criminal antecedent as well as the husband of the deceased, who is the son of the petitioner, is already in jail, this Court, subject to verification of this aspect by this court below as to whether the husband of the deceased lady i.e. son of the petitioner, namely, Anandi Thakur, is in custody, would direct that if the petitioner namely, Sunita Devi, surrenders before the court below within a period of four weeks from today, he shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Dariapur P.S.Case No. 214/2013, subject to the following conditions: (i) That both the bailors will be close family relatives of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also

Patna High Court Cr.Misc. No.46904 of 2014 (2) dt.23-04-2015 2/2 undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if she is, she shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they 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 her bail on the ground of misuse. (iv) That the petitioner will be well represented on each and every date in course 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.

(Mihir Kumar Jha, J) Sujit/- U