Leela Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57270 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== LEELA DEVI Wife of Raghunandan Ram Mohalla - Kabaiya Road, ward no. 32, P.s. - Lakhisarai (Kabaiya), Distt. - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kaushal Kumar, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 25.03.2023 in connection with Lakhisarai (Kabaiya) P.S. Case No. 229 of 2023 , F.I.R. dated 24.03.2023 for the offences punishable under Sections 498(A), 306, 304(B)/34 of the Indian Penal Code.
3. According to prosecution case, informant's daughter was solemnized marriage with one Rakesh Kumar at Ashok Dham in the presence of family members of both sides. Further after few days in-laws started torturing his daughter for dowry demand and after the same informant's daughter committed suicide. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been
Patna High Court CR. MISC. No.57270 of 2023(3) dt.27-09-2023 2/3 implicated in the present case, merely on the ground that petitioner is mother-in-law of the deceased. He further submits that there is no specific allegation against the petitioner, rather there is general and omnibus allegation against all the accused persons including the petitioner, and it appears from the FIR itself that someone has informed the informant that her daughter had committed suicide herself. Further submits that it has come during investigation that she has committed suicide. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 25.03.2023.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that petitioner and his family members have compelled the deceased to commit suicide herself.
6. Considering the aforesaid facts and circumstances, 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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No. 229 of 2023 , subject to the following
Patna High Court CR. MISC. No.57270 of 2023(3) dt.27-09-2023 3/3 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) Prakash Narayan U T