Punia Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54017 of 2024 Arising Out of PS. Case No.-66 Year-2022 Thana- NALANDA District- Nalanda ====================================================== PUNIA DEVI W/O RAJENDRA YADAV R/O VILLAGE- SUNDAR BIGHA, P.S- NALANDA, DIST.- NALANDA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad, Adv.
For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-09-2024 Heard Mr. Raj Kishore Prasad, learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Nalanda P.S. Case No. 66 of 2022 for the offence registered under sections 304B, 201 and 34 of the IPC lodged on 07.04.2022 by the informant Vinod Yadav.
3. As per the prosecution story, the informant alleged that his sister was married to Sachin Yadav but was always tortured for dowry and then one fine morning came to know that she has been killed and the body has been disposed of. Accordingly, the FIR.
4. Learned Counsel for the petitioner submits that she is mother-in-law, an aged lady, living separately and with the help of certified copy that has been produced shows that the
Patna High Court CR. MISC. No.54017 of 2024(2) dt.20-09-2024 2/3 husband is in custody since 19.06.2024. Let the certified copy of the order be kept part of the record.
5. Learned APP for the State, Mr. Jitendra Kumar, on the other hand, opposes the prayer for anticipatory bail submitting that allegation is against all the family members.
6. Though the allegation is there, the petitioner is mother-in-law, an aged person, the husband is already in custody, FIR lodged, she will be facing the trial, this Court is inclined to grant her the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nalanda at Biharsharif in connection with Nalanda P.S. Case No. 66 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive
Patna High Court CR. MISC. No.54017 of 2024(2) dt.20-09-2024 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T