Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 50629 of 2018 Arising Out of PS. Case No.-165 Year-2016 Thana- SIRDALA District- Nawada ====================================================== Renu Devi W/o Sri Sanjay Thakur, resident of Village- Bairiya Tand, PS Sirdalla, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 304B, 201/34 of Indian Penal Code.

It is submitted by learned counsel for the petitioner that the prosecution case is false. He submits that on perusal of the first information report, it would be evident that the husband (petitioner's son) had given information regarding the fact that victim had died due to illness. Upon her surrender in the instant case, the petitioner is in custody since 04.06.2018. Husband of the victim has been allowed bail by this Court in Cr Misc No 6566 of 2018. Other co-accused persons have also been granted bail. However, the petitioner, being mother-in-law, is still in

Patna High Court Cr.Misc. No.50629 of 2018(2) dt.19-09-2018 2/2 custody.

The learned APP has opposed the prayer for bail submitting that this is a case under Section 304B of Indian Penal Code.

Be that as it may, considering the submissions of learned counsel for the petitioner noticed herein above, prayer for bail is allowed. Let the petitioner above named be released on bail on her furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate V, Nawada in Sirdalla Police Station Case No 165 of 2016 subject to the following conditions:

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

(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T