Kusami Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78594 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- Benibad District- Muzaffarpur ====================================================== Kusami Devi W/o- Jai Kant Sharma Village- Ramnagar Ps- Benibad DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-11-2024 Heard the parties.

2. The petitioner is in custody in connection with Benibad P.S. Case No. 39 of 2024 for the offence punishable under sections 80(2), 85, 3(5) of BNS, 2023 lodged on 14.07.2024 by the informant, Ranjit Sharma.

3. As per the prosecution story, the informant alleged that his sister was married to Mithilesh Sharma but was tortured for dowry regularly and on the fateful day, came to know about her death/killing. This led to the FIR.

4. Learned counsel for the petitioner submits that she is the mother-in-law, living separately, had no role to play in any day to day activity of the couple. The last submission is that the husband is in custody.

5. Learned APP opposes the prayer for bail.

Patna High Court CR. MISC. No.78594 of 2024(2) dt.14-11-2024 2/3

6. Taking into account the aforesaid facts as also the submission put forward by the parties, the petitioner is a lady, mother-in-law, the husband is in custody, she is in jail since 15.07.2024 (para 11 of the petition), this Court is inclined to extend her the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M. Xth, Muzaffarpur East in connection with Benibad P.S. Case No. 39 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative 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 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, 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

Patna High Court CR. MISC. No.78594 of 2024(2) dt.14-11-2024 3/3 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T