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Patna High CourtCR. MISC./55910/2021bail granted

Sheela Devi v. The State Of Bihar

2022-03-31Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55910 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- RAMKRISHNANAGAR District- Patna ====================================================== SHEELA DEVI, W/o Santosh Sao, Resident of Mohalla- East Ramkrishna Nagar Colony, Gali No.-9, P.S.- Ramkrishan Nagar, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-03-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and Mr.Ram Bilash Roy Raman, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Ramkrishna Nagar P.S. Case No. 204 of 2020 registered for the offence punishable under Section 304(B) of the Indian Penal Code. She is in custody since 23.07.2021. The petitioner has got no criminal antecedent.

As per the prosecution story, marriage of informant's daughter was performed with the son of the petitioner on 07.06.2017 and after six months of marriage her husband and other in-laws used to torture her due to non-fulfillment of demand of money. It is further alleged that on 09.07.2020 his daughter was killed by her husband

Patna High Court CR. MISC. No.55910 of 2021(2) dt.31-03-2022 2/3 and other in-laws and he was informed that his daughter has hanged herself and when the informant reached there he found the dead body of his daughter.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is the mother-in-law of the deceased and there is general and omnibus kind of allegation against all the accused persons. The post-mortem report shows the death was due to hanging and the petitioner was living separately in mess and business with the deceased and her husband. She has no concern with their affairs. The petitioner is in custody since 23.07.2021 and the husband of the deceased is already in custody.

Mr.Ram Bilash Roy Raman, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the uncontroverted submission of learned counsel for the petitioner that there are general and omnibus allegation against all kith and kins of the husband of the deceased, the post-mortem report shows the death due to hanging and there is no material suggesting that the petitioner who is mother-in-law was living with the deceased at the relevant time, moreover the husband of the deceased is already in judicial custody and the petitioner has remained in custody since 23.07.2021, investigation against her is complete, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees

Patna High Court CR. MISC. No.55910 of 2021(2) dt.31-03-2022 3/3 Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Patna in connection with Ramkrishna Nagar P.S. Case No. 204 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. 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 steps 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.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.