Manti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34111 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== 1.
Manti Devi Wife Of Dinesh Rai R/O Village- Bangraha, P.S.- Vidyapati Nagar, District- Samastipur 2.
Suresh Rai @ Meghan Rai Son Of Late Ram Chandra Rai R/O VillageBangraha, P.S.- Vidyapati Nagar, District- Samastipur 3.
Reena Devi Wife Of Suresh Rai @ Meghan Rai R/O Village- Bangraha, P.S.- Vidyapati Nagar, District- Samastipur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Zeyaul Hoda, Advocate.
For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-09-2022 Today this case has been listed on the motion slip filed by the learned counsel for the petitioners. Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard Mr. Zeyaul Hoda, learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.
The application for grant of bail to the petitioners, above named, who have been made accused and put behind the bar in connection with Vidyapati Nagar P. S. Case No. 4 of 2022
2/4 registered for the offences punishable under Sections 304 (B), 120(B) read with 34 of the Indian Penal Code. As per the prosecution case, it is alleged that the marriage of the daughter of the informant was solemnized with co-accused Pawan Kumar, four years prior to the alleged occurrence. It is also alleged that at the time of marriage the informant and his family have given sufficient gifts and cash, however, soon after the marriage, the victim was subjected to torture on account of demand of dowry. It is further alleged that on 08.01.2022, all the accused persons including the petitioners have caused the death of the daughter of the informant after pressing her neck.
Learned counsel appearing on behalf of the petitioners submitted that the petitioner no. 1 happens to be mother-in-law whereas petitioner no. 2 is father-in-law and petitioner no. 3 is cousin mother-in-law of the deceased. It is further submitted that there is general and omnibus allegation against all the F.I.R. named accused persons, in fact, all the family members have been made accused in this case, though, the petitioner no. 2 and 3 are living separately and distantly related to the other co-accused persons. It is next submitted that during the course of investigation, not a single witness has
3/4 come, who has specifically stated with regard to involvement of the petitioners. In course of investigation, it has come that the deceased has committed suicide on account of some mental torture meted out by her husband. It is also submitted that the husband of the deceased is already in custody and so far as the petitioners are concerned, they are in custody since 25.04.2022, apart from the fact that the petitioner no. 1 and 3 are ladies. On the other hand, learned APP for the State opposes the bail application and submits that the petitioners are named in the F.I.R. and specific allegation has been made against them.
Having considered the submissions made on behalf of the parties and taking into account the general and omnibus nature of allegation as also the relationship of the petitioners with the deceased and moreover, after completion of the investigation, charge sheet has been submitted, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Dalsingsarai (Samastipur) in connection with Vidyapati Nagar P. S. Case No. 04 of 2022, subject to the condition that one of the bailors will
4/4 be the close relative of the petitioners with further conditions which are as follows:- (i) The petitioners will cooperate in conclusion of the trial.
(ii) They will remain present on each and every date of trial till disposal of the case.
(iii) They will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, their bail bonds will liable to be cancelled.
(Harish Kumar, J) shakir/- U T