Sangita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77305 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- BANGAWON District- Saharsa ====================================================== 1.
SANGITA DEVI WIFE OF BINOD KESHRI RESIDENT OF VILLAGE - RAHUAMANI, POLICE STATION - BANGAON, DISTRICT - SAHARSA 2.
BINOD KESHRI SON OF LATE SAGAR KESHRI RESIDENT OF VILLAGE - RAHUAMANI, POLICE STATION - BANGAON, DISTRICT - SAHARSA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
INDU DEVI WIFE OF PRAMOD KESHRI RESIDENT OF VILLAGE - BELASIMAR WARD NO.17, POLICE STATION - GANGOUR, DISTRICT - KHAGARIA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Maharaj For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seeks bail in connection with Bangaon P.S. Case No. 81 of 2023 registered for the offences punishable under Sections 302, 304 (B), 120 (B) and 201 of the IPC.
3. As per prosecution case, petitioners and others are said to have committed the murder of informant's daughter for non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.77305 of 2023(2) dt.20-12-2023 2/3 petitioner no. 1 is in custody since 16.07.2023 and petitioner no. 2 is in custody since 15.07.2023 and both bear no criminal antecedent. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner no. 1 is mother-in-law of the deceased and petitioner no. 2 is father-in-law of the deceased and they are living separately from the deceased and her husband. Petitioners have no say in the family affairs of the deceased. Learned counsel further submits that petitioners are quite innocent and have falsely been implicated in the case.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the case, period of custody, petitioner nos.1 and 2 being mother-inlaw and father-in-law respectively having no say in the family affairs of the deceased, keeping in view clean antecedent of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.77305 of 2023(2) dt.20-12-2023 3/3 Chief Judicial Magistrate, Saharsa in connection with Bangaon P.S. Case No. 81 of 2023 , subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) vashudha/- U T