Mahapati Devi @ Mahamati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5093 of 2021 Arising Out of PS. Case No.-138 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== Mahapati Devi @ Mahamati Devi aged about 75 years W/o Late Narayan Singh Resident of Village- Bande Bishunpur, P.S.- Bhagwanpur, DisttVaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Satyendra Prasad, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2021 Learned counsel for the petitioner prays for and is permitted to make correction in the police case no. mentioned in paragraph 1 of the bail petition.

This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 304B/201/34 of the Indian Penal Code.

As per the prosecution case, informant's sister was married to the petitioner in 2015 and soon thereafter petitioner and his family members started subjecting her to cruelty and harassment for dowry. On 17.6.2019 informant came to know that his sister has been killed by the accused persons by setting

Patna High Court CR. MISC. No.5093 of 2021(2) dt.06-04-2021 2/3 her on fire.

Learned counsel for the petitioner submits that in fact sister of the informant was issueless and out of depression she committed suicide. Petitioner is mother in law of the deceased. She is widow and more than 75 years old and there is general and omnibus allegation against her and husband of the deceased is already in custody. Petitioner is in custody since 15.2.2020. Considering the facts and circumstances of the case and the fact that the petitioner is an old widow lady and there is general and omnibus allegation against her, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Vaishali at Hajipur in Bhagwanpur Police Station Case No. 138 of 2019 on 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.5093 of 2021(2) dt.06-04-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T