Manmatiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49791 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== Manmatiya Devi W/o Late Ghura Rajak Resident of Village - Chapri, P.S.- Navingar, Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Nabinagar P.S. Case No. 98 of 2019, registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.
The informant alleged that his sister was married with one Harendra Rajak in the year 2018. After marriage all the accused persons including this petitioner, killed his sister on account of non-fulfillment of demand of dowry. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner is mother-in-law of the deceased aged about 65 years. Petitioner is living separately from her daughter-in-law (deceased) and her son and has got no concern with the family affairs of the deceased. One of the co-accused Bharat Rajak who happens to be brother-in-law of the deceased, has been granted
Patna High Court CR. MISC. No.49791 of 2019(4) dt.06-11-2019 2/2 bail by a Coordinate Bench of this court vide order dated 19.08.2019 passed in Cr. Misc. No. 51412 of 2019. Chargesheet has already been submitted. Petitioner is in custody since 11.04.2019 having clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged 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 learned Additional Chief Judicial Magistrate I, Aurangabad in connection with Nabinagar P.S. Case No. 98 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T