Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50205 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== 1.
Rita Devi Wife of Azay Das @ Ajay Das R/O Vill.- Purushottampur, P.s.- Purushottampur, Dist.- West Champaran 2.
Punita Devi Wife of Jitendra Das R/O Vill.- Purushottampur, P.s.- Purushottampur, Dist.- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhurendra Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, A.P.P.
For the Informant :
Mr.Sachida Nand Rai, Advocate Mr.Avinash Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-08-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the Informant.
2. The petitioners seek bail in connection with Purushottampur P.S. Case No. 13 of 2024 registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. As per prosecution case, petitioners and others are said to have committed the murder of informant's daughter for non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as
Patna High Court CR. MISC. No.50205 of 2024(3) dt.23-08-2024 2/3 alleged in the FIR. He further submits that petitioners have falsely been implicated in this case as they are sister-in-law of the deceased and both are residing separately in mess and property from the deceased family since long. Petitioners bear no criminal antecedent and they are in custody since 13.02.2024. It is further submitted that petitioners having no say in the family affairs of the deceased. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State as well learned counsel for the informant vehemently opposed the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the case, period of custody, petitioners have no say in the family affairs of the deceased, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, West Champaran, Bettiah in
Patna High Court CR. MISC. No.50205 of 2024(3) dt.23-08-2024 3/3 connection with Purushottampur P.S. Case No. 13 of 2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) alok/- U T