Rajkali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27577 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- PUPRI District- Sitamarhi ====================================================== RAJKALI DEVI Wife of Ram Bharosh Ray Resident of Village - Bhitha Ward No.- 06, P.S.- Pupri, District - Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 304(B)/34 of the Indian Penal Code in connection with Pupri P.S. Case No. 18 of 2022.

As per the allegation in the FIR, the marriage of informant's daughter Somya Kumari was solemnized with Ramesh Kumar in 2020 but she was regularly tortured for want of motorcycle and it is alleged that on 28.1.2022, the informant got knowledge that she has been killed by her in-laws. The informant along with his family members came to the place of occurrence and found her dead body there. Accordingly, the FIR

Patna High Court CR. MISC. No.27577 of 2022(2) dt.24-08-2022 2/3 was lodged.

Learned counsel for the petitioner submits that the petitioner is mother-in-law and was living separately from the couple and she had no concern with them. It has further been categorically stated by him that the husband is in custody. Learned counsel for the State opposes the prayer for bail stating that there has been allegation of strangulation by the in-laws and they cannot exonerate themselves from the responsibility.

Taking into account the aforesaid facts that the petitioner is the mother-in-law, as per the statement in the bail application, she was living separately from the couple and is in custody since 31.01.2022 (as stated in para-18 of the bail application) as also the charge-sheet stands submitted, this Court is inclined to grant her the privilege of bail. If however, it is found that any statement made by the counsel for the petitioner is false, the bail order shall become infructuous. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi, in connection with Pupri P.S. Case No. 18 of 2022 subject to the following conditions:

Patna High Court CR. MISC. No.27577 of 2022(2) dt.24-08-2022 3/3 (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of bail by the Trial Court itself;

(iii) she shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of her bail bonds;

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T