Anmoliya Devi @ Anmoli Devi @ Anmol Devi @ Amol Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67251 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- SAKRI District- Madhubani ====================================================== ANMOLIYA DEVI @ ANMOLI DEVI @ ANMOL DEVI @ AMOL DEVI W/O Farebi Mandal R/O Village- Gandhwari Sonedai Pokhar Tola, P.S- Sakri, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Prosecution case, in brief, is that daughter of the informant, namely, Lalita Devi @ Lali was married about 11 years, prior with accused Sanjay Mandal with whom she produced four children and his son-in-law was the person of bad character and was in illicit relation with another woman to whom he used to give his earning money, therefore, on objection by his daughter he used to beat her and on 04.01.2022 at about 08-09 PM, his son got an information that his daughter

Patna High Court CR. MISC. No.67251 of 2022(2) dt.21-03-2023 2/3 was under treatment in private hospital and when informant went there with his villagers and found his daughter was died and he was informed by the neighbours of his daughter that all the accused killed her by giving her poison.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is the mother-in-law of the deceased. He further submits that there is no specific allegation attributed against the petitioner and the allegation against the petitioner is general and omnibus in nature and the husband of the deceased is in custody. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 15.09.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sakri P.S. Case No. 5 of 2022, subject to the following conditions:-

Patna High Court CR. MISC. No.67251 of 2022(2) dt.21-03-2023 3/3

1. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Saurabhkrsinha/ Alok/- U T