Pana Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69613 of 2019 Arising Out of PS. Case No.-132 Year-2018 Thana- SAHAJITPUR District- Saran ====================================================== 1.

PANA DEVI W/o Ram Janam Mahto Resident of Village - Sisai, P.S.- Sahajitpur, Distt.- Saran at Chapra.

2.

Anita Devi W/o Sharwan Mahto Resident of Village - Sisai, P.S.- Sahajitpur, 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.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 18.07.2019 in connection with Sahajitpur P.S.Case No. 132 of 2018 for the alleged offences under Sections 304(B) and 34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be mother-in-law and gotni of the deceased. As a matter of fact, the deceased died after suffering a fall. The deceased was married as far back as in the year 2012 and she had two children from the wedlock and as such, the accusations of demand and torture are improbable. The husband of the deceased is also in custody along with the petitioners since 18.07.2019. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the period of

Patna High Court CR. MISC. No.69613 of 2019(2) dt.11-12-2019 2/2 custody since 18.07.2019, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Saran at Chapra in connection with Sahajitpur P.S.Case No. 132 of 2018, on the following conditions-- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T