Bachchi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69776 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- EKMA District- Saran ====================================================== BACHCHI DEVI Wife of Gautam Rai @ Gautam Yadav Resident of Village - Mane, P.S.- Ekma, Distt - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner in the present case is seeking regular bail in connection with Ekma P.S. Case No. 262/2018 registered under Sections 498A/302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that this petitioner is the mother-in-law of the deceased, there is no specific allegation against her. The marriage between the deceased and son of this petitioner had taken place in the year 2003, and thereafter she was living with her husband with full dignity and care for about 10 years. Learned counsel submits that that the co-accused Gautam Rai who happened to be the father-in-law of the deceased has been granted regular bail by a learned coordinate Bench of this court in Cr. Misc. No.
Patna High Court CR. MISC. No.69776 of 2019(2) dt.13-01-2020 2/3 10045/2019 after noticing the submission that there is no eye witness to the occurrence and in fact the victim had met with an accident and no distinction has been made out between the case of this petitioner and that of Gautam Rai Learned A.P.P. for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that this petitioner is the mother-in-law of the deceased, there is no specific allegation against her, the marriage between the deceased and son of this petitioner had taken place in the year 2003, and thereafter she was living with her husband with full dignity and care for about 10 years, but the allegation is that the sister-in-law of the victim was used to quarrel with her and further submission that the co-accused Gautam Rai who happened to be the father-in-law of the deceased has been granted regular bail by a learned coordinate Bench of this court in Cr. Misc. No. 10045/2019 after noticing the submission that there is no eye witness to the occurrence and in fact the victim had met with an accident and no distinction has been made out between the case of this petitioner and that of Gautam Rai, let the above-named petitioner be released on bail furnishing bail
Patna High Court CR. MISC. No.69776 of 2019(2) dt.13-01-2020 3/3 bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J. - V, Saran at Chapra, in connection with Ekma P.S. Case No. 262/2018, S. Tr. No. 285/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.
(Rajeev Ranjan Prasad, J) Rajeev/- U T