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Patna High CourtCR. MISC./2554/2021bail granted

Sulekha Devi v. The State Of Bihar

2021-03-16Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2554 of 2021 Arising Out of PS. Case No.-143 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== 1.

SULEKHA DEVI W/O PURUSHOTTAM PODDAR 2.

GURIYA KUMARI D/O PURUSHOTTAM PODDAR 3.

BHAVISH KUMAR @ BHAVESH KUMAR S/O PURUSHOTTAM PODDAR All RESIDENT OF VILLAGE - MARAR DAKSHNI, P.S. MORKAHI, DIST. KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-03-2021 Heard learned counsel for the parties.

Petitioners seek bail in a case registered for the offence punishable under Sections 304(b)/34 of the Indian Penal Code.

As per F.I.R., daughter of the informant died within one year of marriage in unnatural circumstances by sustaining burn injury.

It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case. Petitioner no.1 is mother-in-law, petitioner no.2 is Nanad and petitioner no.3 is Devar of the deceased. Husband of the deceased has already been granted bail by a co-ordinate Bench of this Court vide order dated 06.01.2021 passed in Cr. Misc.

Patna High Court CR. MISC. No.2554 of 2021(2) dt.16-03-2021 2/2 No.31192 of 2020. Petitioners have no criminal antecedent and they are in custody since 28.08.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Morkahi P.S. Case No. 143(A) of 2019 with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.

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

(S. Kumar, J) Sanjay/- U T