Sugita Devi @ Sujita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42156 of 2018 ====================================================== Sugita Devi @ Sujita Devi wife of Shri Sushil Singh, Resident of VillageThathopur, P.S. Baheri, District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Baheri P.S. Case No. 60 of 2018 registered for offences punishable under sections 302/201/34 of the Indian Penal Code. This petitioner happens to be mother-in-law of deceased and as per allegation made in FIR this petitioner and her family members used to torture the deceased as demand of further dowry was not fulfilled.
It has been submitted that this petitioner is mother-inlaw of deceased. The marriage of her son took place with the deceased in the year 2007. The petitioner was/is residing separately and has no concern with her son or daughter-in-law. The allegation of demand is omnibus against this petitioner and her family members. The husband of deceased is already in
Patna High Court Cr.Misc. No.42156 of 2018 (2) dt.25-07-2018 2/2 custody. During investigation, the witnesses have stated that on the date of occurrence, some altercation had taken place between the deceased and her husband. The petitioner is in custody since 06.04.2018 having clean antecedent and so she deserves to be enlarged on bail.
The learned Additional Public Prosecutor on the other hand opposed the submission.
Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and she is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XI, Darbhanga in connection with Baheri P.S. Case No. 60 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T