Chameli Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.44052 of 2017 (3) dt.11-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44052 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -MAHKAR District- GAYA ======================================================

1. Chameli Devi, Wife of Ram Ishwar Yadav, Resident of Village- Vaidh Bigha, P.S.- Mahkar, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 The petitioner seeks regular bail in connection with Mahkar P.S. Case No. 63 of 2017, registered for offences punishable under Section 304B/37 of the Indian Penal Code. Petitioner is mother in law of the deceased and allegation against her and other accused persons is of committing dowry death of the deceased.

It has been submitted on behalf of the petitioner that as a matter of fact that the deceased accidentally caught fire and sustained burn injuries, for which she had been taken to hospital for her treatment and her family members were also informed on the same day i.e. on 21.04.2017 and she had been under treatment till 26.05.2017 and till then no F.I.R was lodged against anyone but later on this false case has been filed. Petitioner has been in judicial custody for last five months and no specific allegation has been made against her.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44052 of 2017 (3) dt.11-10-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thosuand) with two sureties of the like amount each to the satisfaction of learned ACJM -IXth, Gaya, in connection with Mahkar P.S. Case No. 63 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail.

(Vinod Kumar Sinha, J) sunil/- U T