Suraj Mukhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79191 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Suraj Mukhi Devi W/O Ramlal Yadav R/O village - Sawreji, P. S - Mirganj, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramadhar Shekhar, Adv.

For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP For the informant :

Ms. Bharti Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-11-2024 Heard Mr. Ramadhar Shekhar, learned counsel for the petitioner, Ms. Bharti Rai, learned counsel for the informant and the State.

2. The petitioner is in judicial custody in connection with Mirganj P.S. Case No. 162 of 2024 for the offences punishable under Sections 304(B), 120(B) of the IPC lodged on 25.04.2024 by the informant, Kapil Chaudhary.

3. As per the prosecution story, the informant alleged that the informant was married to one Akhilesh Yadav in the 2019 but was tortured for dowry. The allegation is that on the fateful day, he got information about her killing which led to the FIR.

4. Learned counsel for the petitioner submits that she being the mother-in-law is living separately, had no role to play

Patna High Court CR. MISC. No.79191 of 2024(2) dt.18-11-2024 2/3 in the matter, has remained in custody since 25.04.2024 (para-16 of the petition).

5. Learned counsel for the informant, on the other hand, submits that she being the mother-in-law, was pressuring the husband which led to the alleged death.

6. The allegation is there, the husband who solemnized the marriage was responsible to protect her, according to learned counsel for the petitioner she was living separately from her son/deceased, has remained in custody since 25.04.2024, in that background, this Court is inclined to extend her the privilege of bail.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with aforesaid P.S. Case subject to the following conditions: (i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail

Patna High Court CR. MISC. No.79191 of 2024(2) dt.18-11-2024 3/3 bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T