Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59928 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- NARHATT District- Nawada ====================================================== Sharda Devi Wife of Late Suresh Chaudhary @ Kamlesh Kumar R/o VillagePandey Bigha, P.S.- Narhat, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the State :

Mr. Raj Kishor Singh, APP For the Informant :

Mr. Bimal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2024 Heard Mr. Birendra Kumar, learned counsel for the petitioner, Mr. Bimar Kumar, learned counsel appearing on behalf of the informant as well as Mr. Raj Kishor Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Narhat P.S. Case No.130 of 2024, F.I.R. dated 27.03.2024 for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. According to prosecution case, all the accused persons including this petitioner have murdered the daughter of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been

Patna High Court CR. MISC. No.59928 of 2024(2) dt.11-09-2024 2/3 implicated in the present case merely on the ground that the petitioner is the mother-in-law of the deceased. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R and the allegation is also not supported by the medical evidence. He further submits that the husband of the deceased who happens to be the son of the petitioner has surrendered on 27.05.2024 and is languishing in jail since 27.05.2024.

5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R and apart from that the petitioner along with other family members have committed murder of the deceased.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Judicial Magistrate 1st Class, Nawada in connection with Narhat

Patna High Court CR. MISC. No.59928 of 2024(2) dt.11-09-2024 3/3 P.S. Case No. 130 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. 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. ii. 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.

iii. 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) Vanisha/- U T