Anarsi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23801 of 2019 Arising Out of PS. Case No.-300 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== Anarsi Devi (female), aged about 40 years, Wife of Binod Rai, Resident of Village- Madanpur, P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa, Adv.

For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 34 of the Indian Penal Code. The allegation against the petitioner is that his daughter Sobita Kumari was married with Lalan Rai on 22.06.2018. The three accused persons including the petitioner has committed murder of his daughter Shobita Kumari by trying rope around her neck. As per FIR the accused persons have never demanded for dowry and there is no other rational basis to motivate the accused persons to kill the deceased accusation against the petitioner is typically general and omnibus. No specific overt act has been attributed to her. The petitioner has no criminal history. From the case diary all the witnesses are heresay witnesses. The petitioner is lady and who is in

Patna High Court CR. MISC. No.23801 of 2019(3) dt.27-06-2019 2/2 custody since 04.12.2018.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Dumra P.S. Case No. 300 of 2018, subject to the following 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 his absence on two consecutive dates without sufficient reasons, his 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. (Anjani Kumar Sharan, J) amitkumar/- U T