Dewanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37175 of 2021 Arising Out of PS. Case No.-128 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== DEWANTI DEVI W/o Dewraj Prasad Resident of Village- Amarpura, P.S.- Mohammadpur, Dist- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Prasad Gupta, Advocate For the Opposite Party/s :

Mr.Y.Kumar, Addl Public Prosecutor Mr. S.Nikesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/201/34 of the Indian Penal Code.

As per the prosecution case, the informant has doubted that his daughter has been killed and dead body has been thrown away somewhere by her in laws including the petitioner.

Learned counsel for the petitioner submits that the petitioner is mother in law of the deceased and there is general and omnibus allegation of murder against all the accused persons and no specific overt has been alleged against the

Patna High Court CR. MISC. No.37175 of 2021(2) dt.17-09-2021 2/3 petitioner. Husband of the deceased is already in custody and in fact the victim died due to fall from the stairs. Charge sheet has already been submitted. Petitioner is in custody since 2.3.2021.

Learned counsel for the State and the informant submit that there is allegation that the petitioner and her in-laws in league with each other, killed informant's daughter and the dead body is still trace less.

Considering the facts and circumstances of the case, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Mohammadpur Police Station Case No. 128 of 2020 on the following conditions:-

(1) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/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

Patna High Court CR. MISC. No.37175 of 2021(2) dt.17-09-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T