Patna High CourtCR. MISC./71103/2024bail granted

Soni Devi v. The State Of Bihar

2024-10-03Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71103 of 2024 Arising Out of PS. Case No.-210 Year-2024 Thana- BYPASS District- Patna ====================================================== Soni Devi, Son of Late Kundan Kumar, Village- Sahara Road (Manju Bhawan) in the House of Arvind Kumar, 4th floor as a tenant, Ps- Bypass, Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Ananat Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Bypass P.S. Case No. 210 of 2024, registered on 26.05.2024 for the offences under Section 306 of the Indian Penal Code.

3. As per prosecution case, son of the informant committed suicide and allegation against the petitioner, who is wife of the deceased, is instigating him to take extreme step.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR, it is clear that it was a love marriage. It was the petitioner who informed her

Patna High Court CR. MISC. No.71103 of 2024(2) dt.03-10-2024 2/3 mother-in-law about the death of her husband and if there was any guilty intent, the petitioner could have fled away. The deceased committed suicide due to his unstable mind and there was no instigation from the petitioner. The petitioner has got no criminal antecedent. The petitioner is in custody since 26.05.2024 and charge-sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation against the petitioner and further considering the lack of material against the petitioner and also considering the clean antecedent of the petitioner as well as her period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City/concerned court in connection with Bypass P.S. Case No. 210 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close

Patna High Court CR. MISC. No.71103 of 2024(2) dt.03-10-2024 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T