Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24011 of 2020 Arising Out of PS. Case No.-52 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Kaushalya Devi W/o Dev Kumar Ram Resident of Village-Shahpur ward no.4, P.S.-Shahpur, District-Bhojpur.

2.

Radhamohan Ram S/o Late Ramkripal Ram Resident of Village-Shahpur ward no.4, P.S.-Shahpur, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

17-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioners seek bail in Shahpur P.S. Case No. 52 of 2020, registered for the offence punishable under Sections 498(A), 306/34 of the Indian Penal Code.

As per prosecution case, the daughter of informant was married with son of petitioner no. 2 ten years ago and it is alleged that on 22-02-2020, the informant received a message on the whatsapp, in which, she sent a suicide letter making allegation against petitioners and her husband for harassing and torturing for dowry since last year.

It is submitted on behalf of petitioners that petitioner no. 1 is gotini and petitioner no. 2 is father-in-law of deceased

Patna High Court CR. MISC. No.24011 of 2020(2) dt.17-09-2020 2/2 and they are living separately, having no concern with the affairs of the deceased. It is further submitted that from bare perusal of FIR, it is apparent that there is general and omnibus allegation and deceased has committed suicide. Petitioners are in custody since 23-02-2020.

Considering the aforesaid facts and circumstances, the bail application 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 A.C.J.M. 1st , Bhojpur, Ara in connection with Shahpur P.S. Case No. 52 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