Guriya Devi @ Guriya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26682 of 2020 Arising Out of PS. Case No.-163 Year-2019 Thana- LADANIA District- Madhubani ====================================================== Guriya Devi @ Guriya Kumari D/O Late Sunil Kamat Resident of Village - Kammepatti, Tole Brahmotra, Police Station - Ladaniya, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2020 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in S.T. No. 497 of 2019, arising out of Ladaniya P.S. Case No. 163 of 2019, registered for the offence punishable under Sections 302, 34 of the Indian Penal Code.

As per prosecution case, the informant solemnised marriage with the deceased Sunil Kamat, who was her second husband, and after the marriage, when the informant went to the house of her second husband, she (informant) and her husband were assaulted by fists and slaps by the family members of her second husband. It is further alleged that informant's husband was tied by rope in his neck, as a result of which, he died on the

Patna High Court CR. MISC. No.26682 of 2020(3) dt.01-12-2020 2/3 spot itself.

It is submitted on behalf of petitioner that petitioner is married daughter of informant's husband (from first wife) and she has falsely been implicated in this case due to property dispute. As per FIR, no specific overt act has been alleged against this petitioner. Petitioner is having ten months old child and she is in custody since 14-09-2019.

Considering the materials available on record and submission made on behalf of petitioner as well as the fact that petitioner is married lady, having ten months old child and she is in custody since 14-09-2019, the bail application is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-VI, District - Madhubani in connection with S.T. No. 497 of 2019, arising out of Ladaniya P.S. Case No. 163 of 2019, on the following conditions:

"(1) Petitioner shall cooperate 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 her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.26682 of 2020(3) dt.01-12-2020 3/3 prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T