Sunaina Devi @ Lalo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82982 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Sunaina Devi @ Lalo Devi Wife of Sushil Paswan Resident of Village - Madhurapur, Police Station - Rampurhari, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Ejaz Akhtar, Adv.
For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-12-2024 Heard Mr. Rupesh Kumar, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Rampurhari P.S. Case No. 134 of 2024 for the offence under Sections 80, 238, 3(5) B.N.S. of the Indian Penal Code lodged on 20.07.2024 by the informant, Niraj Singh.
3. As per the prosecution story, the informant alleged that the deceased was married to Vidhyasagar Paswan in the year 2022 but was always tortured for dowry and on the fateful day, came to know about the killing, which led to the FIR.
4. It is the case of the petitioner that she is mother-inlaw, an aged person, living separately, nothing to do with the daily affair of the couple, the husband is in custody and she has already suffered by being in custody since 21.07.2024 and if
Patna High Court CR. MISC. No.82982 of 2024(2) dt.04-12-2024 2/3 granted bail, shall be diligently appearing in trial.
5. Learned APP opposes the prayer for bail submitting that she being mother-in-law, cannot exonerate herself from the accusation.
6. Taking into account the aforesaid facts/submissions put forward by the parties coupled with the fact that the husband is in custody, she is mother-in-law, lady and has undertaken to diligently appear in trial, 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) with two sureties of like amount each to the satisfaction of learned A.C.J.M. Ixth, Muzaffarpur in connection with Rampurhari P.S. Case No. 134 of 2024 subject to the following conditions: (i) one of the bailor should be the family member 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 her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.82982 of 2024(2) dt.04-12-2024 3/3 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 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds.
8. With the aforesaid observations, the application is allowed.
(Rajiv Roy, J) Vijay Singh/- U T