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Patna High CourtCR. MISC./45244/2018bail granted

Asha Devi v. The State Of Bihar

2018-09-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45244 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Asha Devi W/o Late Nagendra Jha resident of Village - Kanti Kasba, Ward No. - 04, P.S. - Kanti, District - Muzaffarpur, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2018 The petitioner is in custody since 12.04.2018 in connection with Kanti P.S. Case No. 21 of 2018, registered for offences punishable under Section 304(B) of the Indian Penal Code.

Petitioner happens to be mother in law of the deceased and allegation against her is of causing death of the deceased. It has been submitted on behalf of the petitioner that no specific allegation has been attributed to the petitioner and only general and omnibus allegation has been levelled and she is a lady and aged about 50 years and has been in custody since 12.04.2018 and the police after investigation has submitted charge-sheet under Section 306 of the Indian Penal Code.

Learned counsel for the State opposed the prayer for bail and submitted that the petitioner used to torture her and due to

Patna High Court Cr.Misc. No.45244 of 2018 (4) dt.07-09-2018 2/2 which, she committed suicide.

Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Muzaffarpur, in connection with Kanti P.S. Case No. 21 of 2018, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property 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 reasons, the prosecution is free to move for cancellation of her bail.

(Vinod Kumar Sinha, J) sunil/- U T