Uma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1890 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== 1.

UMA DEVI aged about 60 years W/o Late Jainarayan Sharma Resident of Village - Kajeechak, P.S. - Mojahidpur, District - Bhagalpur. 2.

Mina Kumari aged about 25 years D/o Late Jainarayan Sharma Resident of Village - Kajeechak, P.S. - Mojahidpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioners and the State.

Petitioners seek bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code. As per the prosecution case, informant married his daughter to one Shashi @ Sanjiv Sharma and out of the wedlock they were blessed with two children. After some years, petitioners, who are mother-in-law and sister-in-law respectively and father-in-law started subjecting her to torture and harassment for non-fulfilment of dowry demand and on

Patna High Court CR. MISC. No.1890 of 2021(2) dt.05-03-2021 2/3 15.6.2020 when informant went to her matrimonial house, he found his daughter dead due to hanging.

Learned counsel for the petitioners submits that the petitioners are mother-in-law and sister-in-law respectively and they live separately from the husband of the deceased as such they have got o concern with their affair. Petitioner no.1 is aged about 60 years and petitioner no.2 is unmarried sister-in-law of the deceased. Charge sheet has already been submitted for the offence under section 306 Indian Penal Code. Petitioners are in custody since 16.2.2020.

Considering the fact that petitioners are mother-in-law and unmarried sister-in-law and the allegation against them are general and omnibus and they are in custody since 16.2.2020, prayer for bail of the petitioners is allowed. Let the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Mojahidpur Police Station Case No. 124 of 2020 on the following conditions:-

(1) 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

Patna High Court CR. MISC. No.1890 of 2021(2) dt.05-03-2021 3/3 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) shashi/- U T