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Patna High CourtCR. MISC./35891/2022bail granted

Sunita Devi v. The State Of Bihar

2022-09-16Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35891 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== 1.

SUNITA DEVI W/o Brij Kishore Ram @ Nand Kishore Ram Resident of Village - Hariharpur, Purvi tola, P.s.- Purpri, Distt.- Sitamarhi. 2.

Brij Kishore Ram @ Nand Kishore Ram Son of Late Bikau Ram Resident of Village - Hariharpur, Purvi tola, P.s.- Purpri, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2022 Heard learned counsel for the petitioners and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Section 304(B)/34 of Indian Penal Code in connection with Pupri P.S. Case No. 366 of 2021, G.R. No. 1666/21.

As per the FIR, the informant's daughter Pinki Kumari was married to accused Manoj Ram but was regularly tortured for want of dowry. The further allegation is that on 6.11.2021, they strangulated her.

Learned counsel for the petitioners submit that they

Patna High Court CR. MISC. No.35891 of 2022(2) dt.16-09-2022 2/3 are father-in-law and mother-in-law living separately with the other sons and had nothing to do with the couple. The last submission is that the husband Manoj Ram is in custody since 6.11.2021 ( as stated in para-13 of the bail application). Considering the fact that the petitioners are mother-inlaw and father-in-law, are in custody since 22.2.2022, the husband Manoj Ram is in custody and they do not have any criminal antecedent, this Court is inclined to grant them the privilege of bail.

Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-IVth, Sitamarhi in connection with Pupri P.S. Case No. 366 of 2021, G.R. No. 1666/21 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

Patna High Court CR. MISC. No.35891 of 2022(2) dt.16-09-2022 3/3 (iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T