Prabha Devi @ Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39002 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- NAYA RAM NAGAR District- Munger ====================================================== 1.

Prabha Devi @ Pramila Devi Wife of Prakash Mandal Resident of VillageUdaypur, P.S.- Naya Ramnagar, District- Munger. 2.

Pandav Mandal Son of Prakash Mandal Resident of Village- Udaypur, P.S.- Naya Ramnagar, District- Munger.

3.

Prakash Mandal Son of Late Ramdev Mandal Resident of Village- Udaypur, P.S.- Naya Ramnagar, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Md. A.H.Sahara,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioners seek bail in Naya Ramnagar P.S. Case No. 172 of 2020, registered for the offence under Sections 304(B), 201, 34 of the Indian Penal Code.

As per the prosecution case, petitioners alongwith other FIR named persons committed murder of sister of the informant due to non-fulfillment of demand of dowry and thereafter, disappeared her dead-body.

It is submitted on behalf of petitioners that petitioner no. 1 is mother-in-law (lkl), petitioner no. 2 is brother-in-law

Patna High Court CR. MISC. No.39002 of 2021(2) dt.24-09-2021 2/3 (nsoj) and petitioner no. 3 is father-in-law (llqj) of the deceased. The thrust of the allegation is against husband of the deceased, who is already in custody. It is submitted that the deceased committed suicide. Petitioners are living separately and have nothing to do with the affairs of the deceased. Petitioner no. 1 & 2 are in custody since 07.01.2021 and petitioner no. 3 is in custody since 27.12.2020.

Petitioners claims clean antecedent and they are in custody since Learned A.P.P. for the State has opposed the bail petition and submitted that petitioners have also actively participated in the murder of the deceased.

Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioners is allowed. Let the above named petitioners be released 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 learned A.C.J.M.- I, Munger in connection with Naya Ramnagar P.S. Case No. 172 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 below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason,

Patna High Court CR. MISC. No.39002 of 2021(2) dt.24-09-2021 3/3 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