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Patna High CourtCR. MISC./29620/2020bail granted

Geeta Devi v. The State Of Bihar

2020-11-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29620 of 2020 Arising Out of PS. Case No.-345 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Geeta Devi Wife of Banarasi Sah Resident of Village - Jaisinghpur Madhopur, P.S.- Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Jegendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-11-2020 This matter has been taken up in virtual Court. Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 304B/34 of the Indian Penal Code. Petitioner is mother-in-law of the victim of dowry death. Husband of the victim is already in custody. Investigation of the case against the petitioner is already complete. The petitioner is in custody since 06.03.2020.

Submission is that the impugned order would reveal that the doctor found a case of hanging.

Learned counsel for the informant opposed the prayer

Patna High Court CR. MISC. No.29620 of 2020(2) dt.24-11-2020 2/2 for bail and submits that the case-diary has been called for in another matter of bail brought by the husband of the victim and father-in-law of the victim.

The FIR would reveal that all the family members are accused in this case including unmarried Nanad and younger brother of the husband of the deceased. No doubt the offence alleged is heinous in nature. However, over implication in the case cannot be ruled out. Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty 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 Turkauliya P.S. Case No.345 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T