Sita Jhari Kunwar @ Sita Jhari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24319 of 2022 Arising Out of PS. Case No.-115 Year-2018 Thana- CHANDI District- Bhojpur ====================================================== Sita Jhari Kunwar @ Sita Jhari Devi Daughter of Saguni, Ram Resident of village - Jahanpur, P.S.- Chandi, District - Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

According to prosecution case, on the basis of F.I.R. the informant solemnized the marriage of his daughter with Mithun Ram son of Saguni Ram and it is alleged that husband and in-laws demanded golden chain and on non-fulfillment of demand of dowry they killed the daughter of the informant. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been

Patna High Court CR. MISC. No.24319 of 2022(2) dt.22-08-2022 2/3 implicated in the present case only on the basis of suspicion. He further submits that in fact the petitioner is widow sister-in-law of the deceased and she has no role at all in the present case. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Saguni Ram has been granted bail by a co-ordinate Bench of this Court vide order dated 04.07.2022 passed in Cr. Misc. No. 9911 of 2022. The petitioner is in custody since 21.12.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chandi P.S. Case No. 115 of 2018, subject to the following conditions:-

1. 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 the court and on his absence on two consecutive dates without sufficient reason, his bail

Patna High Court CR. MISC. No.24319 of 2022(2) dt.22-08-2022 3/3 bond shall be cancelled by the Court below.

2. If the petitioner tampers 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 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T