Vimli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30523 of 2022 Arising Out of PS. Case No.-382 Year-2021 Thana- DALSINGHSARAI District- Samastipur ====================================================== Vimli Devi W/o Surendra Mahto @ Suchindra Mahto R/o Village - Jamuna Tad, Ward No. -15, P.S. - Dalsinghsarai, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Allegation is that the accused persons caused death of the daughter of the informant due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and she has been falsely implicated in the present case. He further submits that in fact

Patna High Court CR. MISC. No.30523 of 2022(2) dt.25-08-2022 2/3 the petitioner is mother-in-law of the deceased and it appears from the F.I.R. that there is general and omnibus allegation against the petitioner. He further submits that the deceased has committed suicide herself and postmortem also suggests the same and the petitioner has no concern at all with the family affairs of the deceased and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 07.12.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dalsinghsarai P.S. Case No. 382 of 2021, with 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 her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.30523 of 2022(2) dt.25-08-2022 3/3

(2) If the petitioner tampers with the evidence or the witness, 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 her criminal antecedents, 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) Ibrar//- U