Dulari Devi @ Hira Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58656 of 2021 Arising Out of PS. Case No.-468 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== DULARI DEVI @ HIRA DEVI Wife of Sentu Ram Resident of Village - Rajauna Chowki, P.S. and District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K. Singh, Advocate Mr. Shatakshi Sahay, Advocate Mr. Alka Singh, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-05-2022 Heard learned counsel for the parties.
The petitioner, Gotni (sister-in-law), is an accused in connection with Lakhisarai P.S. Case No. 468 of 2021 registered under Sections 364/34, 302, 120B and 201 of the Indian Penal Code.
The short First Information Report lodged by the informant states that he got information that his daughter, Pratima Devi was killed by her in-laws and they have disappeared the dead body. Next day, he visited the house where his grand maternal son and villagers told that his daughter has been killed by the accused persons. It is in this way that the FIR was lodged and the petitioner came into the judicial custody on 28.07.2021 (as stated in paragraph-11 of the bail application).
Patna High Court CR. MISC. No.58656 of 2021(4) dt.09-05-2022 2/3 In this case, the case diary was called for on 12.04.2022.
Learned APP for the State has gone through the contents of the case diary and has attributed this Court's attention to paragraph-22 of it, the confessional statement of the father-in-law, namely, Vijay Ram where he has stated about the role of his sons namely, Arjun Ram & Gourav Ram as also Aarti Devi his daughter-in-law. This lady has not been named in the said confessional statement.
Learned counsel for the petitioner submits that the said Aarti Devi, whose name has come up in the confessional statement of Vijay Ram, has since been released by a coordinate Bench of this Court on 05.10.2021. Charge sheet has already been submitted in the matter and as such, there is no question of tampering with the evidence. The petitioner is in jail since 28.07.2021 and one of the coaccused namely, Aarti Devi has since been released on bail vide Cr. Misc. No. 55981 of 2021 on 05.10.2021 by a co-ordinate Bench of this Court. Thus, this Court is inclined to grant her the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of
Patna High Court CR. MISC. No.58656 of 2021(4) dt.09-05-2022 3/3 the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 468 of 2021, subject to the following conditions :- (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) she shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bond.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T