Patna High CourtCR. MISC./67231/2021bail granted

Indrawati Devi v. The State Of Bihar

2022-05-16Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67231 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- SIMRA District- West Champaran ====================================================== INDRAWATI DEVI, W/o- LALMAN URAON, Resident of VillageHasanapur, P.S.- Semra, District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-05-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr.Md. Aslam Ansari, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Semra (Chiutaha) P.S. Case No. 40 of 2021 registered for the offences punishable under Section 304B/34 of the Indian Penal Code. She is in custody since 03.07.2021. The petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, the informant in his written report stated that marriage of his daughter has taken place with Suraj Uraon the son of the petitioner after love affair. After marriage, the

Patna High Court CR. MISC. No.67231 of 2021(2) dt.16-05-2022 2/3 informant's daughter went to her matrimonial house and after some days she returned to her naihar. After that, informant's son-in-law and his mother made demand of dowry and refused to take her due to non-fulfillment of demand. It is alleged that on 12.04.2021 the informant's son-in-law asked about his daughter on phone then the informant said that she had gone towards forest side and after one hour the informant came to know that his son-in-law killed his daughter by pressing her neck in the forest area.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is the mother-in-law of the deceased and marriage was love affair and the petitioner was living separately after marriage.

Mr.Md. Aslam Ansari, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the submission that the petitioner is the mother-in-law of the deceased, the marriage between the son of the petitioner and the deceased was a love affair marriage and they were living separately after solemnization of marriage and further submission that the husband of the victim is already in

Patna High Court CR. MISC. No.67231 of 2021(2) dt.16-05-2022 3/3 judicial custody, this petitioner has remained in custody since 03.07.2021 and investigation against her is complete as also her presence may be secured in course of trial, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IIIrd, Bagaha, West Champaran in connection with Semra (Chiutaha) P.S. Case No. 40 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C.

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 steps 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. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.