Suman Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36980 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.
Suman Devi Wife of Bala Bind @ Ram Ekbal Bind VILLAGE - MAJHIYAWAN, P.S. - BHAGWANPUR, DISTRICT - KAIMUR (BHABUA) 2.
Bala Bind @ Ram Ekbal Bind Son of Basdev Bind @ Bansdev Bind VILLAGE - MAJHIYAWAN, P.S. - BHAGWANPUR, DISTRICT - KAIMUR (BHABUA) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Sunil, Advocate For the Opposite Party/s :
Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-07-2024 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Chand P.S. Case No. 200 of 2023 for the offence under Sections 304B/34 of the I.P.C. lodged on 11.10.2023 by the informant, Shivchandra Prasad Bind.
3. As per the prosecution story, Laxmi Devi, niece of the informant was married to Prakash Bind in the year 2021 but was always tortured for dowry and later for its non-fulfillment, the allegation is that she was killed. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that they are married sister-in-law and brother-in-law, living separately from them having no concern with the couple and
Patna High Court CR. MISC. No.36980 of 2024(2) dt.20-07-2024 2/3 have been dragged only because of the relationship. He further submits that the husband is in custody (paragraph-12 of the petition).
5. Learned APP opposes the prayer.
6. Taking into account the aforesaid facts as also that they are sister-in-law and brother-in-law, do not have criminal antecedent and the main allegation is against the husband who is in custody, this Court is inclined to extend them privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur (Bhabua) in connection with Chand P.S. Case No. 200 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.36980 of 2024(2) dt.20-07-2024 3/3 dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T