Sima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41746 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Sima Devi, Female, aged about 30 years, Wife of Guddu Singh Resident of Village- Banaura, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arun Kumr Singh, Mr. Prem Singh, Advocates For the State :

APP For the Informant :

Mr. Vishwajeet, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 304(B), 201 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act registered in connection with Baikunthpur P.S. Case No. 18 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely because she happens to be Gotini of the deceased. It is submitted that the FIR has been lodged against as many as 12 named accused persons and the entire family. The accusation against the accused persons is general and omnibus in nature. No specific overt act has been attributed individually to the petitioner, who is a lady and claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant appearing suo motu opposes the bail petition.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court CR. MISC. No.41746 of 2019(2) dt.08-07-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj in connection with Baikunthpur P.S. Case No. 18 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall be well represented in court on each and every date during trial except as and when directed by the learned court to be physically present and in the event of failure on two consecutive dates without sufficient reason, hers bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T