Patna High CourtCR. MISC./83764/2024bail granted

Babita Devi v. The State Of Bihar

2024-12-12Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83764 of 2024 Arising Out of PS. Case No.-199 Year-2024 Thana- BYPASS District- Patna ====================================================== Babita Devi W/O Arbind Das R/O Village- Marchi, P.S- Bypass, DistrictPatna,Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Anjum Perveen, Advocate For the State :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-12-2024 Heard the parties.

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, 498-A and 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.

4. Learned counsel for the petitioner submits that she is sister-in-law, has already suffered, lives separately and the

Patna High Court CR. MISC. No.83764 of 2024(2) dt.12-12-2024 2/3 husband is in custody since 02.07.2024. 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 for the State opposes the prayer for bail.

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) 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 document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.83764 of 2024(2) dt.12-12-2024 3/3 (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 bail bonds. (Rajiv Roy, J) vinayak/- U T