Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46855 of 2022 Arising Out of PS. Case No.-149 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== PINKI DEVI W/o Surendra Singh Resident of Village - Kharhari, P.S.- Muffasil, Distt.- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pramod Singh Son of Shri Anirudh Pd. Songh Resident of Village - Mahadev Talawb Road Giridih, P.S.- Giridih town Thana, Distt.- Jharkhand ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-11-2022 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.46855 of 2022(2) dt.23-11-2022 2/3 petitioner has clean antecedent and she has been falsely implicated in the present case. He further submits that in fact the petitioner is mother-in-law of the deceased and it appears from the F.I.R. that the deceased has committed suicide herself and the petitioner has no role at all in the alleged crime as alleged in the F.I.R.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Muffasil P.S. Case No. 149 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other 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 her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.46855 of 2022(2) dt.23-11-2022 3/3 reason, her bail bond shall be cancelled by the Court below.

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

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T