Mulwa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50197 of 2022 Arising Out of PS. Case No.-153 Year-2022 Thana- JHAJHA District- Jamui ====================================================== MULWA DEVI S/o Mohan Yadav Resident of Village- Piruadih, P.S.- Jhajha, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Jhajha P.S. Case No.153 of 2022 instituted under Sections 364, 120(B)/34, 302, 201 of the Indian Penal Code. As per the FIR, the informant alleged that he was called by the father-in-law of his son to take him away failing which he will be killed. Subsequently, the dead body of his son was found in the forest area. Accordingly, on the basis of the said threatening that was given by his father-in-law and his family members, the FIR was lodged and the family members of the inlaws of the deceased was implicated. The petitioner herein,
Patna High Court CR. MISC. No.50197 of 2022(2) dt.09-12-2022 2/3 a lady thus came in custody 04.05.2022 (as stated in para-12 of the bail application).
Taking into account the fact the petitioner is a lady aged about 52 years, is distantly related to the father-in-law of the deceased, being his first cousin, is in custody since 04.05.2022, charge-sheet stands submitted and she do not carry any criminal antecedent, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Jhajha P.S. Case No.153 of 2022 to the satisfaction of learned CJM, Jamui, subject to 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 reason will entail cancellation of his/her 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,
Patna High Court CR. MISC. No.50197 of 2022(2) dt.09-12-2022 3/3 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. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan / Ajay U T