Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81287 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- DELHA District- Gaya ====================================================== Sunita Devi W/O Manoj Kumar Verma @ Manoj Kumar R/O Village- Nai Sadak, Maulaganj, P.S- Vishnupad, Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-04-2025 Heard Mr. Vaishnavi Singh, learned counsel for the petitioner and Mr. Jai Narain Thakur, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Delha P.S. Case No. 193 of 2024, F.I.R. dated 06.08.2024 for the offences punishable under Sections 80, 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant alleged that her daughter was killed by the petitioner due to nonfulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case merely on the ground that she is mother-in-law of the deceased. Although the petitioner is named
Patna High Court CR. MISC. No.81287 of 2024(3) dt.17-04-2025 2/3 in the FIR but it appears from the FIR that there no specific allegation of assault or demand of dowry against the petitioner rather the allegation is general and omnibus against all the accused persons including this petitioner and husband of the deceased namely Mohit Kumar is in judicial custody since 16.10.2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is no specific allegation against the petitioner and husband of the deceased is in judicial custody since 16.10. 2024, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate-I, Gaya in connection with Delha P.S. Case No. 193 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.81287 of 2024(3) dt.17-04-2025 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T