Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73976 of 2022 Arising Out of PS. Case No.-379 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== RAJ KUMARI DEVI WIFE OF LATE SHIV CHANDRA PASWAN R/O VILLAGE- MAEL, P.S.- BIDUPUR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is in judicial custody in connection with Bidupur P.S. Case No. 379 of 2018 instituted under Sections 304(B), 201/34 of I.P.C. lodged on 16.09.2018 by the informant Ravindra Paswan.

As per the FIR, the daughter of the informant was tortured and treated with cruelty by the co- accused husband and his family members on account of non-fulfillment of Dowry demand and daughter of the informant was killed and her dead body was disposed of by the petitioner and other co-accused persons.

Learned counsel for the submits that she is the mother-in-law of the deceased, living separately, nothing to do

Patna High Court CR. MISC. No.73976 of 2022(2) dt.17-04-2023 2/3 with the couple and the last submission is that the husband is in custody since 18.09.2022 (as stated in para-8 of the petition). Learned APP opposes the prayer.

Considering the fact that the petitioner is the lady, mother-in-law, the husband is in custody, as observed above, she is in custody since 18.09.2022 (para-7), this Court is inclined to extend him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Bidupur P.S. Case No. 379 of 2018 to the satisfaction of learned Court of Chief Judicial Magistrate, Vaishali at Hajipur, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her 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/her bail 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,

Patna High Court CR. MISC. No.73976 of 2022(2) dt.17-04-2023 3/3 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 the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T