Nirmala Devi @ Bimla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43652 of 2014 Arising Out of PS.Case No. -127 Year- 2013 Thana -TARIYANI CHOWK District- SHEOHAR ====================================================== Nirmala Devi @ Bimla Devi W/o - Shambhu Ram R/o - Village - Ladaura, P.S. - Triyani, Distt. - Sheohar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 07-05-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under sections 304B, 120B and 201 of the Indian Penal Code and that the petitioner is a sister-in-law (Gotani) of the deceased and lives separately in mess and business and that the main accused, the husband of the deceased, is said to be in custody, this Court by taking into account that the petitioner also has got no criminal antecedent would direct that if the petitioner, Nirmala Devi @ Bimla Devi, surrenders before the court below within a period of four weeks from today, she shall 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 Chief Judicial Magistrate, Sheohar in Tariyani P.S.Case No. 127/2013, subject to the following conditions:

Patna High Court Cr.Misc. No.43652 of 2014 (2) dt.07-05-2015 (i) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on the date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U

Patna High Court Cr.Misc. No.43652 of 2014 (2) dt.07-05-2015