Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1101 of 2021 Arising Out of PS. Case No.-558 Year-2020 Thana- ARA NAWADA District- Bhojpur ====================================================== USHA DEVI W/o Mohan Sah R/o Mohalla- Anaith Dharmsala, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Pandey For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-03-2021 Heard both parties.

The petitioner seeks bail in Ara Nawada P.S. Case No. 558 of 2020, registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

As per the prosecution case, on 27.07.2020 at about 9.00 pm, the informant received information on phone that his daughter is very serious. On the next day, he reached at the sasural of his daughter where he found that his daughter has been killed by the accused persons including this petitioner by pressing her neck.

It is submitted on behalf of the petitioner that petitioner is elder Gotani of the deceased. There is no specific allegation of demand of dowry against this petitioner and this petitioner along with her husband live separately from the deceased and her husband and has no concern with the family

Patna High Court CR. MISC. No.1101 of 2021(2) dt.02-03-2021 2/2 affairs of deceased. Husband of the deceased is already in custody. Petitioner is in custody since 29.07.2020 and bears no criminal antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 558 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T