Putul Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53110 of 2024 Arising Out of PS. Case No.-206 Year-2024 Thana- PAKARIBARAW District- Nawada ====================================================== 1.
Putul Devi wife of Sunil Yadav Village- Dharni Bigha Ps- Pakribarawan Dist- Nawada 2.
Sunil Yadav son of Birja Yadav Village- Dharni Bigha Ps- Pakribarawan Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Adv.
For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code.
3. All the F.I.R. named accused persons including these petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant after assaulting and concealed her dead body.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.53110 of 2024(2) dt.31-08-2024 2/3 offence. No such occurrence as alleged has ever taken place. Petitioners are mother-in-law and father-in-law of the deceased, respectively. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. They had no concern with daily affairs of their son and his wife after their marriage. It is further submitted that the husband of the deceased is in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners and the husband of the deceased is in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Pakribarawan P.S. Case No. 206 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C as also the other conditions:
Patna High Court CR. MISC. No.53110 of 2024(2) dt.31-08-2024 3/3
(1) One of the bailors should be the family members/relative of the petitioners who shall provide official document to show their bona fide;
(2) The petitioners shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned;
(3) The petitioners shall co-operate with the investigation, if not already concluded and make themselves available to the police as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail;
(4) The petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(5) The petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Anjani Kumar Sharan, J) divyanshi/- U T