Indira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29267 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Indira Devi Wife Of Binod Lal Dev R/O Mohalla/Village- Manortha, P.S.- A.P.M., District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 504, 506/34 of the Indian Penal Code.

According to prosecution case, in short, is that the marriage of the informant's daughter namely Mala Devi was solemnized with Rakesh Lal Dev about 10 years ago as per Hindu custom. After marriage accused Sanjiv Lal Dev used to assault informant's daughter for not bringing Rs. 3 lakhs from the parents and also threatened to kill her.

Patna High Court CR. MISC. No.29267 of 2022(2) dt.30-08-2022 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case. He further submits that petitioner is the mother-in-law of the deceased and it appears from the F.I.R. that there is general and omnibus allegation against the petitioner and the petitioner has no concern at all with the family affairs of the deceased and she is living separately. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 20.02.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 learned Court below where the case is pending in connection with A.P.M. P.S. Case No. 33 of 2022, corresponding to G.R. No. 478 of 2022, subject to 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

Patna High Court CR. MISC. No.29267 of 2022(2) dt.30-08-2022 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T