Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55920 of 2021 Arising Out of PS. Case No.-119 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== Nilam Devi W/o Sri Sumant Chaubey Resident of Village - Parsauni Baij, P.s.- Piprahi, Distt.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

The present application has been filed on behalf of the petitioner, above named, for grant of regular bail to the petitioner who has been made accused and put behind the bars in connection with Piprahi P. S. Case No. 119 of 2021 registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code, 1860.

The prosecution case is that the sister of the informant namely, Priyanka Kumari was married to one Vicky Choube @ Jyotiraman in the year 2014. Thereafter, the accused person started demanding dowry and the deceased was subjected to torture.

Patna High Court CR. MISC. No.55920 of 2021(2) dt.01-04-2022 2/3 It has been submitted on behalf of the learned counsel for the petitioner that initially the F.I.R. has been instituted against the husband and the father-in-law of the deceased. However, later on, on the basis of the statement of informant and the murder of the victim the name of the petitioner has been added as an accused in this case. The petitioner is mother-in-law of the deceased and she is in custody since 31.07.2021 and moreover the charge-sheet has been submitted and there is no chance of her absconding and tampering with the evidence. On the other hand, learned APP for the State submits that her complicity has come in the statement of the informant and, as such, her name has been added as an accused in this case.

Having considered the submissions of the parties and the materials available on record especially in view of the fact that the petitioner is mother-in-law of the deceased and there is no specific allegation against her and she is in custody since 31.07.2021. Having no criminal antecedents, let this petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Piprahi P. S. Case No.

Patna High Court CR. MISC. No.55920 of 2021(2) dt.01-04-2022 3/3 119 of 2021, subject to the following conditions: (a) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and in case of her absence on two consecutive dates without cogent reason, her bail bonds shall be cancelled by the Court below.

(b) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Harish Kumar, J) shakir/- U T