Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 82158 of 2019 Arising Out of PS. Case No.-82 Year-2016 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

Kalawati Devi, aged about 45 years (Female) Wife of Jitan Singh 2.

Priyanka Kumari, aged about 22 years (Female), D/O - Jitan Singh Both resident of Village - Sathi, P.S.- Uchkagaon, District- Gopalganj. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Mrs. Veena Rani Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

11-12-2019 Heard learned counsel for the parties.

Two petitioners, who are lady, apprehend their arrest in Uchakagaon P.S. Case No. 82 of 2016 registered for the offence under Sections 304B/201/34 of the Indian Penal Code. The prosecution case is that the informant got his daughter married in the year 2000 and it is alleged that due to non-fulfillment of demand of Rs. 2,00,000/- (two lacs), the daughter of the informant was done to death in the month of May, 2016 and petitioner no.1 and petitioner no. 2 are motherin-law and sister-in-law (nanad) respectively of the deceased. It is submitted on behalf of petitioners that false allegation has been levelled against the petitioners. Neither there is any eye-witness to the occurrence nor any evidence has been brought on record against these two petitioners. Petitioners have no concern with the family affairs of the deceased. It is further

Patna High Court CR. MISC. No.82158 of 2019(2) dt.11-12-2019 2/2 submitted that husband of the deceased is already in custody. It is also submitted that as per Annexure -2 to the petition, the case has already been compromised between the parties before the court below.

Considering the aforesaid facts and circumstances as well as considering the fact that petitioners are ladies, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioners be enlarged 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 Additional Chief Judicial Magistrate-IX, Gopalganj in connection with Uchakagaon P.S. Case No. 82 of 2016 on the following conditions:

(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J.) anay U T