Sundari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67361 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- SAHARGHAT District- Madhubani ====================================================== Sundari Devi Wife of Ramhit Yadav Resident of Village- Bokaha, P.S. Saharghat, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate :

Mr. Gagan Deo Yadav, Advocate :

Miss Preety Kunwar, Advocate :

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

Mr. Sri Uma Shankar Prasad Singh For the Informant :

Mr. Soban Asgar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Saharghat P.S. Case No. 87 of 2018 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Petitioner is the mother-in-law of deceased and informant is the father of deceased. Allegation against petitioner and other co-accused is that his daughter was killed for nonfulfillment of demand of dowry. It has been submitted on behalf of the petitioner that petitioner is a lady and she is innocent and has been falsely implicated in this case. It has been further submitted that

Patna High Court Cr.Misc. No.67361 of 2018(3) dt.04-12-2018 2/2 marriage of the deceased was solemnized 15 years earlier, during that period no complaint had been made against petitioner. Petitioner is living separately from the husband of the deceased. Deceased committed suicide. Petitioner has no criminal antecedent and she is in custody since 28.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III, Madhubani, in connection with Saharghat P.S. Case No. 87 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and her absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel her bail bond.

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

(S. Kumar, J) veena/- U T