Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1299 of 2022 Arising Out of PS. Case No.-349 Year-2021 Thana- GOGRI District- Khagaria ====================================================== SONI DEVI Wife of Bablu Singh @ Bablu Kumar Resident of Village - Sahraun, Police Station - Gogri (Paura), District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Gogri (Paura) P.S. Case No. 349 of 2021 registered for the offence under Section 302, 201 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 06.08.2021.

The allegation against the petitioner is to cause death of the sister of the informant along with other co-accused persons/family members due to non-fulfillment of demand of dowry.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.1299 of 2022(3) dt.03-08-2022 2/3 submitted that petitioner is sister-in-law of the deceased (Gotni) living separately and no connection with the present occurrence. It is also submitted that the demand of dowry is also very much general and omnibus against the petitioner. Learned counsel pointed out, Para 84 of the Case diary, where independent witness, stated specifically that petitioner along with her husband living separately much prior to the occurrence i.e. about 10 years. It is pointed out that petitioner is a lady of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that petitioner is sister-in-law of the deceased. Considering the facts and circumstances as mentioned above, as petitioner is sister-in-law of the deceased, living separately much prior to this occurrence coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Gogri (Paura) P.S. Case No. 349 of 2021 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

Patna High Court CR. MISC. No.1299 of 2022(3) dt.03-08-2022 3/3 Magistrate, Khagaria/concerned court, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Bablu Kumar, who is the husband of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) R.S.Sen/- U T