Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 26710 of 2020 Arising Out of PS. Case No.-67 Year-2020 Thana- KHAGAUL District- Patna ====================================================== 1.

Rita Devi Wife of Krishna Ram Resident of Rampur Garikhana, Police Station - Khagoul, District - Patna.

2.

Krishna Ram Son of Dado Ram Resident of Rampur Garikhana, Police Station - Khagoul, District - Patna.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-10-2020 Heard learned counsel for the petitioners and the State through Video Conferencing.

Petitioners seek bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code. Prosecution's case, in brief, is that informant's sister was married with one Sonu Kumar in 2018 and soon thereafter his family members including the petitioners subjected her to cruelty. It is further alleged that one Pawan Kumar gave repeated knife blow causing her serious injuries. Thereafter, on the information, her parents went there and took her to the Railway Hospital, Danapur where she was declared dead. Learned counsel for the petitioners submits that the petitioners are innocent. They are mother in law and father in law respectively of the deceased. They live seperately with the victim and her husband as such they are no way concerned with the routine life of the deceased. There is general and omnibus

Patna High Court CR. MISC. No. 26710 of 2020(2) dt.13-10-2020 2/2 allegation agaisnt them and the specific allegation as per the FIR is agaisnt co-accused Pankaj Kumar. They are in custody since 5.3.2020.

In the facts of the case, prayer for bail of the petitioners is allowed. Let the petitioners, mentioned above, be enlarged 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 Chief Judicial Magistrate V, Danapur (Patna) in Khagaul Police Station Case No. 67/2020 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