Sarshwati Devi @ Saraswati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26686 of 2020 Arising Out of PS. Case No.-158 Year-2019 Thana- CHENARI District- Rohtas ====================================================== SARSHWATI DEVI @ SARASWATI DEVI Wife of Dasai Bind Resident of Basnara, P.S.- Chenari, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamla Kant Pandey For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Chauri P.S. Case No. 158 of 2019, registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.
As per prosecution case, on 21.06.2019 at 14 hours the informant received information that his daughter Kavita Devi has died due to set ablaze. On such information, the informant went at the matrimonial home of his daughter and found dead body of Kavita lying towards east of soil house. It is further alleged that marriage of Kavita Devi with Parmanand Chaudhary was held one year ago and due to non-fulfillment of
Patna High Court CR. MISC. No.26686 of 2020(2) dt.13-10-2020 2/3 demand of dowry the accused persons killed his daughter. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is mother-in-law of the deceased. There is general omnibus allegation. Petitioner is living separately and has no concern with the family affairs of the deceased and her husband. Petitioner is in custody since 28.01.2020 having clean antecedent, as stated in para 3 of the bail petition. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Chenari P.S.
Case No. 158 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.26686 of 2020(2) dt.13-10-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T