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Patna High CourtCR. MISC./11791/2017bail granted

Chandrika Devi @ Chandika Devi v. The State Of Bihar

2017-04-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11791 of 2017 Arising Out of PS.Case No. -562 Year- 2016 Thana -SUPAUL District- SUPAUL ====================================================== Chandrika Devi @ Chandika Devi, wife of Tiro Sada, Resident of VillageSituhar, Tola- Kharhaur, P.S.+ District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nagendra Kumar Singh, Advocate For the Opposite Party/s : Smt Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Supaul P.S.Case No. 562 of 2016 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner, who is mother-in-law of the deceased and cause of death could not be ascertained and for that viscera was preserved and allegation is that they have administered poison to the deceased and there is no such allegation against the petitioner and she is in custody since 5.12.2016.

Heard learned APP, who has not controverted the above submission that there is general and omnibus allegation so far demand of dowry, torture and killing of the deceased is concerned.

Patna High Court Cr.Misc. No.11791 of 2017 (3) dt.08-04-2017 2/2 Having heard both sides and in view of the facts stated above and considering the fact that petitioner is mother-in-law, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Supaul P.S.Case No. 562 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of her bail.

(Vinod Kumar Sinha, J) spal/- U