Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16474 of 2017 Arising Out of PS.Case No. -517 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sunita Devi Wife of Late Sharma Nand Prasad Resident of Gandak - 1, Bangali Colony, near S.P. Residence, P.S. Bettiah (Muffasil), District : West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP For opposite party no. 2 : Mr. Vijay Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 The petitioner is in custody since 01.01.2017 in connection with Bettiah (Mufassil) P.S. Case No. 517 of 2016, registered for offences punishable under Sections 304(B)/34 Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner is mother-in-law of the deceased and no specific allegation has been levelled against her and it is apparent from F.I.R. itself that family members of the petitioner has informed the informant about the death of the deceased. Petitioner has been in judicial custody since 01.01.2017.

Learned counsel for the State and learned counsel for the Informant opposed the prayer for bail. Learned counsel for the

Patna High Court Cr.Misc. No.16474 of 2017 (3) dt.12-04-2017 2/3 informant has submitted that the deceased died due to strangulation and not in the manner as informed by the petitioner's family to the informant and just before the occurrence the deceased had informed his parents about torture and cruelty for demand of dowry.

Having heard both sides, considering the facts and circumstances of the case, period of custody and also that petitioner is mother-in-law of the deceased and no specific allegation has been attributed to her, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bittiah (Muffasil) P.S. Case No. 517 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal

Patna High Court Cr.Misc. No.16474 of 2017 (3) dt.12-04-2017 3/3 of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T