Rampati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55631 of 2023 Arising Out of PS. Case No.-367 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== RAMPATI DEVI W/O VISHWANATH SAHNI R/O VILLAGE- RANJEETA KATHAIYA, P.S- HARSIDHI, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-09-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 02.06.2023 seeks bail, in connection with Harsidhi P.S. Case No.367/2022, dated 01.08.2022, for the offences punishable under Sections 304(B), 302, 201 and 34 of the IPC.

3. According to prosecution case, the petitioner along with co-accused persons are alleged to have committed murder of the daughter of the informant due to non-fulfillment of the demand of dowry and disposed the dead body to conceal the evidence of murder.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has falsely been implicated in the present case merely on the ground that the

Patna High Court CR. MISC. No.55631 of 2023(2) dt.04-09-2023 2/3 petitioner is mother-in-law of the deceased. He further submits that as per allegation in the F.I.R., the petitioner along with coaccused persons are alleged to have committed murder of the daughter of the informant and disposed the dead body of the daughter of the informant. Learned counsel for the petitioner out-rightly submits that the son of the petitioner, who happens to be the husband of the deceased, is ready to surrender before the learned trial court.

5. Learned Additional Public Prosecutor for the State on the other hand has opposed the prayer for bail of the petitioner.

6. In view of the aforesaid, let the petitioner, above named, 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 learned C.J.M., East Champaran at Motihari in connection with Harsidhi P.S. Case No.367/2022, subject to the following conditions:-

1. If the son of the petitioner, who is husband of the deceased surrenders before furnishing bail bond of the petitioner, the bail bond of the petitioner shall be accepted and if the son of the petitioner, who is husband of the deceased does not surrender, the bail bond of the petitioner should not be

Patna High Court CR. MISC. No.55631 of 2023(2) dt.04-09-2023 3/3 accepted.

2. 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 on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

3. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

4. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T