Putul Devi @ Suchitra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86633 of 2023 Arising Out of PS. Case No.-891 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== 1.
PUTUL DEVI @ SUCHITRA DEVI WIFE OF SURESH MAHTO R/O GUR KI MANDI, P.S.- ALAMGANJ, DIST.- PATNA 2.
BABY DEVI WIFE OF BULA MAHTO R/O GUR KI MANDI, P.S.- ALAMGANJ, DIST.- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-01-2024 Heard Mr. Prabhat Kumar learned counsel for the petitioners and the State.
2. The petitioners are apprehending their arrest in connection with Alamganj P.S. Case No. 891 of 2023 for the offence under Sections 302, 120(B) and 34 of the I.P.C. lodged on 29.09.2023 by the informant, Rajesh Kumar.
3. As per the prosecution story, the informant has alleged that his daughter was married to Sunil Patel but was tortured for dowry and later they came to know that she has been killed. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that both the petitioners are mother-in-law and sister-in-law, do not
Patna High Court CR. MISC. No.86633 of 2023(2) dt.19-01-2024 2/3 have any role to play in the matter being separated from the couple and further it has been categorically stated that the husband is in judicial custody.
5. Learned APP opposes the prayer.
6. Taking into account the aforesaid facts as also that both the petitioners are lady, as submitted by the learned counsel for the petitioner, the husband Sunil Patel is in custody, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-IV, Patna City, in connection with Alamganj P.S. Case No. 891 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners 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
Patna High Court CR. MISC. No.86633 of 2023(2) dt.19-01-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioners 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 petitioners 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.
8. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Adnan/- U T