Gunja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88950 of 2024 Arising Out of PS. Case No.-297 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

Gunja Devi W/o Saurabh Ranjan Resident of Village- Shahpur Akhada, , P.S.- Aurangabad (Town), District- Aurangabad 2.

Shushila Devi W/o Anil Prasad @ Anil Saw Resident of Village- Shahpur Akhada, P.S.- Aurangabad (Town), District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2025 Heard Mr. Binod Kumar Pandey, learned counsel appearing on behalf of the petitioners and Mr. Syed Mojibur Rahman, learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Aurangabad (Town) P.S. Case No. 297 of 2024 for the offence punishable under Sections 302/120B/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., all the family members of the petitioners with a common intention strangulated the daughter of the informant.

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. He further submits that

Patna High Court CR. MISC. No.88950 of 2024(2) dt.17-01-2025 2/3 the victim has herself committed suicide and the post mortem report also reveals that it is a case of suicide. It is also contended that the deceased was suffering from several diseases for which she was undergoing treatment. The petitioners are lady and they have no criminal antecedent and they are in custody since 17.10.2024.

5. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioners.

6. Considering the aforementioned facts and circumstances of the case, the petitioners, above named, who are lady and they are in custody since 17.10.2024 having no criminal antecedent, are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 297 of 2024, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.88950 of 2024(2) dt.17-01-2025 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

7. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T