Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39592 of 2023 Arising Out of PS. Case No.-352 Year-2022 Thana- RAJPUR District- Buxar ====================================================== 1.

Sarita Devi wife of Suresh Singh Village- Hudarahi Ps- Rajpur dist- Buxar 2.

Binod Singh @ Dhaneshwar Yadav son of Suresh Singh Village- Hudarahi Ps- Rajpur dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kr. Singh, Adv.

Mrs. Dimpal Kumari, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners seek regular bail in connection with Rajpur P.S. Case No. 352 of 2022 dated 09.12.2022, lodged under Sections 120B, 304B, 326 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against five named accused persons about dowry death in conspiracy with each other against all accused persons.

5. Learned counsel for the petitioners submit that the husband of the deceased has surrendered and he is still in custody. Counsel submits that in the entire allegation made in

Patna High Court CR. MISC. No.39592 of 2023(2) dt.07-07-2023 2/3 the F.I.R., there is nothing specific but the general and omnibus allegation against all the accused persons. Counsel further submits that the petitioners are mother-in-law and bhaisur of the deceased, who are residing separately from the deceased.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Buxar in connection with Rajpur P.S. Case No. 352 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioners shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioners.

Patna High Court CR. MISC. No.39592 of 2023(2) dt.07-07-2023 3/3

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T