Patna High CourtCR. MISC./69240/2018bail granted

Rambati Devi @ Rambati Kumari v. State Of Bihar And ANR

2019-02-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69240 of 2018 Arising Out of PS. Case No.-768 Year-2012 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Rambati Devi @ Rambati Kumari, D/o Late Kapildeo Chaudhary, resident of Village- Bagwara, P.S. Mufassil, District- Begusarai. ... ... Petitioner

Versus

1. The State of Bihar.

2. Suchita Devi W/o Ram Japo Chaudhary, D/o Bishundeo Kunwar, at present resident of Village- Pirauli, P.S. Teghra, District- Begusarai. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rajesh Kumar, Advocate.

For the O.P. No. 2 :

Mr. Sabal Kumar Jha, Advocate.

For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 498, 379, 504 of the Indian Penal Code and Section 4 of the Dowry Prohibitiion Act registered in connection with Complaint Case No. 768 (C) of 2012.

3. It is submitted that the petitioner has been falsely implicated merely because she happens to be the married Nanad of the complainant. It is submitted that the petitioner lives separately and there is no specific accusation of demand of dowry nor of assault.

4. Learned counsel for the complainant appears and has been heard.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court Cr.Misc. No.69240 of 2018(4) dt.25-02-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Begusarai in connection with Complaint Case No. 768C of 2012 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T