Shailu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83030 of 2024 Arising Out of PS. Case No.-199 Year-2024 Thana- BYPASS District- Patna ====================================================== Shailu Devi W/O Santosh Ravidas R/O Village- Marchi, Ward no.3, P.SBypass, District- Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arsad Alam, Adv.
Mr. Anjum Perveen, Adv.
For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2024 Heard Mr. Arsad Alam, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Bypass P.S. Case No. 199 of 2024 for the offence punishable under sections 302, 201, 498A, 34 of the Indian Penal Code lodged on 23.05.2024 by the informant, Babita Devi.
3. As per the prosecution story, the marriage of the daughter of the informant was solemnized in the year 2016 with Ranjit Kumar but was always tortured for dowry and the allegation is that on 23.05.2024, an information came that she has been beaten badly, as they reached the place came to know that she is dead and they are taking the dead body to consign it in flames. FIR lodged, this followed the arrest.
Patna High Court CR. MISC. No.83030 of 2024(2) dt.09-12-2024 2/3
4. Learned counsel for the petitioner submits that she is mother in law, has already suffered, lives separately and the husband is in custody since 02.07.2024 which has been brought on record by way of supplementary affidavit. She is in custody from the date of occurrence i.e. 24.05.2024, if granted bail, she will 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 responsibility.
6. Taking into account the aforesaid facts as also that the petitioner is a lady, living separately, the husband is in custody, charge-sheet submitted and an undertaking has been given that she will be diligently appearing in trial, this Court is inclined to extend him 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 Additional Chief Judicial Magistrate-VI, Patna City in connection with Bypass P.S. Case No. 199 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
Patna High Court CR. MISC. No.83030 of 2024(2) dt.09-12-2024 3/3 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 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