Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23180 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- SIMRA District- West Champaran ====================================================== 1.

Sharda Devi W/O Ramadhar Paswan Resident of Village - Nautanma, P.S. Semra, District - West Champaran.

2.

Ramadhar Paswan Son of Late Nathuni Paswan Resident of Village - Nautanma, P.S. Semra, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2020 Heard learned counsel for the parties through video conferencing.

The petitioners seek bail in Semra P.S. Case No. 28 of 2020, registered for the offence under Sections 304(B)/34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was married with son of petitioners on 14-02-2020. It is alleged that after 10 to 15 days, all the accused persons including these petitioners started demanding dowry and due to non-fulfillment of the same, they started harassing and torturing her and it is further alleged that in a planned conspiracy, they committed the murder of informant's daughter. It is submitted on behalf of petitioners that petitioners are mother-in-law and father-in-law of the deceased and they are

Patna High Court CR. MISC. No.23180 of 2020(3) dt.02-11-2020 2/2 living separately. In fact, the deceased died during treatment due to her illness. It is further submitted that there is general and omnibus allegation. The petitioners are in custody since 10-06-2020. Chargesheet has been submitted.

Considering the aforesaid facts and circumstances, the bail application of petitioners is allowed. Let the above-named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bagaha, West Champaran in connection with Semra P.S. Case No. 28 of 2020 on the following conditions: "(1) Petitioners 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 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.) anay/- U T