← Library
Patna High CourtCR. MISC./77973/2018bail granted

Navita Devi @ Dropati Devi v. The State Of Bihar

2019-01-07Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77973 of 2018 Arising Out of PS. Case No.-359 Year-2018 Thana- BAKHTIARPUR District- Saharsa ====================================================== Navita Devi @ Dropati Devi W/o Birendra Jha, R/o Vill.- Ekparha, P.S.- Bakhtiyarpur, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha Advocate For the Opposite Party/s :

Mr.Sri Bharat Bhushan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bakhtiyarpur P.S. Case No. 359 of 2018 registered for the offences punishable under Sections 304(B), 302, 201 and 34 of the Indian Penal Code.

Informant who is mother of the victim has alleged in her written complaint that petitioner along with family members killed her daughter due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that she is innocent and has committed no offence. She has been falsely implicated in this case. Petitioner is the mother-in-law and is in custody since 27.09.2018.

Patna High Court Cr.Misc. No.77973 of 2018(2) dt.07-01-2019 2/2 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, Saharsa, in connection with Bakhtiyarpur P.S. Case No. 359 of 2018, subject to conditions:

(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 properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and her absence on two consecutive dates without sufficient reasons, her bail bond shall be cancelled by the court below.

(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) Rajiv/- U T