Shiv Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42957 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== Shiv Kumari Devi W/o Ran Chandra Mahto R/o Village- Khamhar (Ratanman)- Babhingama, P.S.- Birpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Birpur P.S. Case No. 59 of 2019, registered for the offences punishable under Sections 302, 201, 307 and 34 of the Indian Penal Code and section 3/4 of Dowry Prohibition Act.

The informant Puja Kumari alleged that she was married with Shailesh Mahto in the year 2013. After marriage, her husband, mother-in-law (petitioner) and sisters-in-law used to torture her. On the order of her mother-in-law (petitioner), her husband sprinkled Kerosene Oil on her and her two daughters and ignited fire, in order to kill them, for nonfulfillment of demand of dowry. Her younger daughter died due to aforesaid occurrence.

It is submitted by learned counsel appearing on behalf of petitioner that there is general and omnibus allegation against the petitioner. Specific allegation is against informant's

Patna High Court CR. MISC. No.42957 of 2019(5) dt.22-10-2019 2/2 husband. Petitioner is mother-in-law of the informant. Chargesheet has already been submitted. Petitioner is in custody since 08.05.2019 having clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, 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 Additional Chief Judicial Magistrate Ist, Begusarai in connection with Birpur P.S. Case No. 59 of 2019 subject to the 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