Jhalakwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23236 of 2020 Arising Out of PS. Case No.-22 Year-2019 Thana- KHIRI MORE District- Patna ====================================================== 1.

Jhalakwa Devi Wife of Late Mahesh Bind @ Kariman Bind Resident of Village - Gaushganj, P.S.- Khiri More, Distt - Patna. 2.

Nagina Devi Wife of Nanhe Bind @ Vishgar Bind Resident of Village - Gaushganj, P.S.- Khiri More, Distt - Patna.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rewti Kant Raman, Advocate For the Opposite Party/s :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2020 Heard learned counsel for the petitioners as well as learned counsel for the State through video conferencing. Petitioners are accused in a case registered for the offences punishable under Sections 304B/201/34 of the Indian Penal Code.

Petitioner no.1 is Mausi and petitioner no.2 is Mami of husband of the deceased. There is allegation that they along with other accused persons tortured and finally killed informant's sister by poisoning her when she failed to bring dowry from her parents' house.

Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case. He submits that the victim died natural death due to pain in abdomen. The allegation is general and omnibus, the marriage had taken place 20 years back and on earlier occasion, there was no such allegation and the present allegation is motivated. Petitioners are in custody since 7.1.2020.

Considering the facts of the case, let all the petitioners,

Patna High Court CR. MISC. No.23236 of 2020(2) dt.10-09-2020 2/2 above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I, Danapur in Khiri More Police Station Case No. 22/2019, on the following conditions:-

(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T