Tara Devi @ Taravati Devi @ Markari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50932 of 2021 Arising Out of PS. Case No.-214 Year-2020 Thana- PAKARIBARAW District- Nawada ====================================================== TARA DEVI @ TARAVATI DEVI @ MARKARI DEVI W/o Late Yugal Choudhan R/o Village- Yogi Bigha, P.S.- Dhamoul, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad For the Opposite Party/s :
Mr. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 13.03.2021, seeks regular bail in connection with Pakribrawan P.S. Case No. 214 of 2020 registered for offences punishable under Sections 302, 201 and 498(A)/34 of the Indian Penal Code.
Prosecution story in brief is that the daughter of the informant namely, Guriya Devi was subjected to various sorts of torture for non fulfillment of demand of dowry and ultimately killed by pressing her neck by the accused persons including the petitioner, who is the husband of the deceased. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.50932 of 2021(2) dt.05-04-2022 2/3 submits that petitioner is mother-in-law of the deceased. Petitioner, who is widow has nothing to do with the affair of her son, who is also in custody or with her daughter-in-law (deceased) as such there was no occasion to torture or demand of any dowry. Petitioner is in custody since 13.03.2021 without any fault on her part.
Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.
Taking into consideration the nature of allegation made against the present petitioner and period of custody undergone, the petitioner above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist, Nawada in connection with Pakribrawan P.S. Case No. 214 of 2020 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.50932 of 2021(2) dt.05-04-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(Purnendu Singh, J) Niraj/- U T