Chameli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18658 of 2015 Arising Out of PS.Case No. -77 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chameli Devi, W/o Ram Nath Sah, R/o Village- Nawada (Amdhuri Tola), P.S.- Pakridayal, District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 16-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 304B, 201/34 of the Indian Penal Code and the fact that the petitioner is the mother-in-law, this Court keeping in view of the observations and directions given in the order dated 20.2.2015 in Cr.Misc.No. 48320/2014 while granting regular bail to the father-in-law, the husband of the petitioner, would find the petitioner also to be entitled for anticipatory bail. It is, however, made clear that this order shall not in any way be helpful for grant of bail to the husband of the victim girl i.e. the son of the petitioner, namely, Sudama Sah whose prayer for bail must be considered on its own merits.

That being so, if the petitioner, Chameli Devi, surrenders before the court below within a period of four weeks from today,

Patna High Court Cr.Misc. No.18658 of 2015 (2) dt.16-06-2015 she shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in Pakridayal P.S.Case No. 77/2014, subject to the following conditions:

(i) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on the date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on

Patna High Court Cr.Misc. No.18658 of 2015 (2) dt.16-06-2015 each and every date of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U