Sona Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38855 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- PANCHRUKHI District- Siwan ====================================================== SONA DEVI W/O NARAYAN SAH Resident of Pachrukhi, P.S.- Pachrukhi, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Adv.

Ms. Anju Kumari @ Anju Narain, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-02-2023 Heard Mr. Rajendra Narayan, learned Senior counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

According to prosecution case, the daughter of the informant was married with the son of the petitioner on 16.02.2022 and after sometime, demand of dowry was made from the her in-laws and due to non-fulfillment of the said

Patna High Court CR. MISC. No.38855 of 2022(3) dt.13-02-2023 2/3 demand, she was killed by accused persons including the petitioner.

Learned Senior counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. In fact, the petitioner is motherin-law of the deceased. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against the accused persons including the petitioner. The postmortem report of the deceased shows that there was a ligature mark on the neck of the deceased and it appears from the aforesaid that the deceased had committed suicide herself. The husband of the deceased is in custody and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 30.04.2022.

The learned counsel for the informant and learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Pachrukhi

Patna High Court CR. MISC. No.38855 of 2022(3) dt.13-02-2023 3/3 P.S. Case No.103 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T