Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79561 of 2018 Arising Out of PS. Case No.-201 Year-2018 Thana- BARGAINIA District- Sitamarhi ====================================================== Shanti Devi W/o Ramchandra Sah R/o Village- Pachtakki Yadu, P.s.- Bairgania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bairgania P.S. Case No. 201 of 2018 registered for the offence punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code.

Informant has alleged that marriage of his deceased sister was solemnized with the son of the petitioner ten years before and thereafter she was subjected to torture and abuse by her in-laws and subsequently killed by them.

It has been submitted on behalf of the petitioner that three children were born from the said wedlock. It has further been submitted that there is no allegation against the petitioner and she also resides separately and is not concerned with the affairs of his son or deceased daughter-in-law. Petitioner has no criminal antecedent and she is in custody since 29.08.2018.

Patna High Court Cr.Misc. No.79561 of 2018(2) dt.09-01-2019 2/2 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/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No. 201 of 2018, with following conditions:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T