Sindhu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50828 of 2022 Arising Out of PS. Case No.-38 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== SINDHU DEVI W/O RAJIV PANDEY Resident of village- Nagargawan, P.S.- Chakia, District- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2023 Heard Mr. Ranjeet Kumar Singh, the learned Advocate for the petitioner and Mr. Dilip Kumar, the learned counsel for the State.

The petitioner had earlier come up before this Court for grant of anticipatory bail but the application was withdrawn.

Later, again an application was filed with a clear statement that she had never consented for her application to be withdrawn.

Based on such statement, the application was entertained for the second time.

The petitioner is a mother-in-law who has been

Patna High Court CR. MISC. No.50828 of 2022(4) dt.04-01-2023 2/3 made accused in Chakia P.S. Case No. 38/2021,G.R. No.- 1172/2021 instituted for the offences under Sections 304(B), 120(B) and 34 of the Indian Penal Code.

The husband of the petitioner (father-in-law of the deceased) was granted bail and he had faced trial in which he has been acquitted.

The husband of the deceased remained in custody for the entire trial period but in the absence of any positive evidence against him, he too has been acquitted.

Nonetheless, the petitioner remains an accused who has not yet faced trial.

Under the aforesaid circumstances, this Court directs that in case the petitioner surrenders before the court below, she will be granted bail subject to her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.50828 of 2022(4) dt.04-01-2023 3/3 Magistrate, East Champaran at Motihari in connection with Chakia P.S. Case No. 38/2021 and an undertaking by her that she shall present herself for framing of charge for her to be tried.

The occasion for passing such order is that all the accused persons including the husband of the deceased have been acquitted, but for some reason or the other, the petitioner could not surrender to the process of law.

The Court has also taken note of the fact while passing this order, that her anticipatory bail earlier was mistakenly withdrawn without her consent.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J) sharun/- U T