Yashodha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 52702 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -BELA District- SITAMARHI ====================================================== Yashodha Devi W/o Jiwachh Chaurasiya, R/o Village- Sirsiya Bazar, P.S. Bela, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Pushpendra Kumar Singh, Advocate For the S t a t e : Ms Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner, being the mother-in-law, seeks bail in a case registered under Sections 304B, 201/34 of Indian Penal Code. Counsel for the petitioner submits that the first information report itself reveals that information was actually given by the husband of the alleged deceased daughter of informant that she was traceless. It is further submitted that the FIR also reveals that merely because the villagers have suggested that the informant's daughter had been done to death, the FIR has been lodged five days after the alleged occurrence. It is also submitted that the father-in-law (co-accused) has been granted bail by this Court vide order dated 28.07.2017 passed in Cr Misc No

Patna High Court Cr.Misc. No.52702 of 2017 (2) dt.09-11-2017 2/2 34315 of 2017.

Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in Bela Police Station Case No 145 of 2016 dated 27.09.2016 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T