Urmila Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.47121 of 2014 (2) dt.04-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47121 of 2014 Arising Out of PS.Case No. -183 Year- 2014 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Urmila Devi wife of Chanirak Yadav

2. Manju Devi wife of Santosh Yadav Both R/o village- Makanpur Tola, Chak Sundarpur, P.S.- Noorsarai, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners seek bail in connection with Noorsarai P.S. Case No. 183 of 2014 registered for the offences punishable under Sections 304B, 328/34 of the Indian Penal Code. Allegedly, the sister of the informant within seven years of marriage was done to death due to non-fulfillment of demand of she-buffalo and a golden chain. The petitioners are mother-in-law and Gotini of the deceased.

Submission is that the supervising authority has found the case to be true under Section 306 of the Indian Penal Code and not under Section 304B of the Indian Penal Code. The

Patna High Court Cr.Misc. No.47121 of 2014 (2) dt.04-02-2015 deceased has committed suicide. The petitioner got no concern with the family affairs of the husband of the deceased, they are living separately and moreover, after completion of investigation chargesheet has already been submitted and there is no chance of tempering with the prosecution evidence.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the fact that chargesheet has already been submitted and there is no chance of tempering with the prosecution evidence, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri A. A. Sahay, J. M. Ist Class, Biharsharif, Nalanda in connection with Noorsarai P.S. Case No. 183 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T