Rajo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70596 of 2021 Arising Out of PS. Case No.-163 Year-2021 Thana- SARMERA District- Nalanda ====================================================== RAJO DEVI Wife of Kaillu Yadav Resident of Village - Bari Malama, P.S.- Sarmera, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Sarmera P.S. Case No. 163 of 2021 registered for the offences punishable under Sections 304/ 34 of the Indian Penal Code. As per prosecution case, petitioner and others committed the murder of informant's sister as well as her infant for non-fulfillment of demand of dowry.
Learned counsel for the petitioner submits that petitioner is in custody since 01.09.2021 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution
Patna High Court CR. MISC. No.70596 of 2021(3) dt.27-09-2022 2/3 evidence. Petitioner is mother-in-law of the deceased and she has falsely been implicated in the case. Learned counsel further submits that petitioner is residing separately from the deceased and her family. Petitioner being lady has no say in the family affairs of the deceased.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, petitioner being lady has no say in the family affairs of the deceased and she has been residing separately from the deceased, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 163 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn
Patna High Court CR. MISC. No.70596 of 2021(3) dt.27-09-2022 3/3 the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) shahzad/- U T