Bail application by accused sister-in-law in dowry death case. Court accepted undertaking to remove stamp defects and granted bail subject to conditions.
Petitioner released on bail on bond of Rs. 25,000 with two sureties to cooperate with trial case.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1 of 2021
Sunita Verma @ Sunita Devi … Petitioner Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. A.K. Sahani, Advocate For the State : Mr. A.K. Tiwari, Addl. P.P.
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Order No.02 Dated- 01.02.2021
Heard the parties through video conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has moved this Court for grant of bail in connection with Birni P.S. Case No.30 of 2017 registered under sections 304B/201/34 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is the elder sister-in-law ( Gotani ) of the deceased. The allegation against the petitioner is that soon after the marriage of the deceased, the petitioner along with his family members subjected the deceased to cruelty and harassed her in connection of demand of dowry which includes one motorcycle and an amount of Rs.1,00,000/-. It is submitted on behalf of the petitioner that the petitioner was residing separately from the deceased and she is no way responsible of the death of the deceased. It is then submitted that though the deceased was missing from her house from 13.03.2017, the F.I.R. was lodged on 28.03.2017 i.e. 15 days after her missing. It is next submitted that the petitioner has been in custody since 24.09.2020 as has been mentioned in the impugned order. It is lastly submitted that the petitioner undertakes to cooperate with the
trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released 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 learned C.J.M., Giridih, in connection with Birni P.S. Case No.30 of 2017 with the condition that she will cooperate with the trial of the case.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
3 issues framed by the court
Whether to grant bail to accused elder sister-in-law accused of dowry death.
Whether defects pointed out by stamp reporter will be ignored.
Whether accused undertaking to cooperate with trial is sufficient to grant bail.
Sunita Verma @ Sunita Devi
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
