Ram Dulari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46761 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Ram Dulari Devi Wife Of Ramchandra Sahni Resident Of Village Mananpur Ward No 9 P.S Runnisaidpur Dist Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 26.01.2023, in connection with Runnisaidpur P.S. Case No. 43 of 2023, F.I.R. dated 25.01.2023 registered for the offences punishable under Sections 302, 304(B)/34 of the Indian Penal Code.

3. Allegation against the petitioner is that she along with other co-accused persons committed murder of the daughter of the informant and threw the dead body on railway track near Mananpur Railway Gumti due to which her head and body separated after cutting by train.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely

Patna High Court CR. MISC. No.46761 of 2023(2) dt.01-08-2023 2/3 implicated in the present case merely on the ground that the petitioner is the mother-in-law of the deceased. He further submits that in fact the deceased has committed suicide herself and from perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 26.01.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, 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 Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 43 of 2023, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.46761 of 2023(2) dt.01-08-2023 3/3 and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient 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 antecedents, 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