Makko Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23276 of 2020 Arising Out of PS. Case No.-303 Year-2019 Thana- JOGBANI District- Araria ====================================================== Makko Devi W/o Shri Shaini Bahardar @ Mukhiya Resident of VillageTakia, Ward No.18, P.S-Jogbani, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Jogbani P.S. Case No. 303 of 2019, registered for the offence under Sections 304B/201/34 of the Indian Penal Code. As per the prosecution case, daughter of the informant was married with co-accused Bhim Bahardar (son of petitioner) six months ago and it is alleged that after the marriage, all the accused persons started demanding Rs. 2,00,000/- (two lacs), as dowry, and due to non-fulfillment of the same, they committed murder of daughter of the informant.

It is submitted on behalf of petitioner that petitioner is mother-in-law of the deceased. There is general and omnibus allegation. It is further submitted that from perusal of post-

Patna High Court CR. MISC. No.23276 of 2020(3) dt.09-11-2020 2/2 mortem report, it appears that doctor has not found any external injury on the person of deceased. It is further submitted that father-in-law and brother-in-law of deceased have already been granted bail and petitioner is in custody since 28-12-2019. The husband of the deceased in already in custody. Considering the aforesaid facts and circumstances as well as period of custody, the bail application of petitioner 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 Chief Judicial Magistrate, Araria in connection with Jogbani P.S. Case No. 303 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 prosecution will be at liberty to move for cancellation of bail.".

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