Mina Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Mina Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner in connection with Sessions Trial no.128 of 2022 (arising out of Saraiya P.S Case no. 13 of 2020) on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Muzaffarpur, subject to attendance/cooperation conditions and a cancellation clause vested in the trial court.

Issue for consideration

Whether the petitioner, whose earlier application for bail was rejected, should be granted regular bail in connection with Sessions Trial no.128 of 2022, arising out of Saraiya P.S Case no. 13 of 2020 registered under sections 304B and 34 of the Indian Penal Code.

Court's answer

Having heard learned counsel for the parties, the court took into consideration the allegations in the F.I.R, that the petitioner is the mother-in-law of the deceased, that she had remained in custody for 2 years 6 months since 7.9.2021, and that charge has been framed in the trial Court, as the basis for granting bail.

Ratio / Principle

The petitioner is directed to be enlarged on bail in connection with Sessions Trial no.128 of 2022 (arising out of Saraiya P.S Case no. 13 of 2020).

Key takeaways

Release is conditioned on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge, Muzaffarpur.ratio¶24
Condition (I): the petitioner shall remain physically present in the trial court on each date of the trial and shall cooperate in the trial.ratio¶25
Condition (II): in case of non-cooperation in the trial, absence on any single date for reasons unsatisfactory to the learned trial court, or where the trial court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial court may cancel the bail bond and take her into custody till conclusion of the trial.

Detailed headnote1 paragraphs

Patna High Court (Justice Partha Sarthy), oral order dated 13-03-2024 on CRIMINAL MISCELLANEOUS No.19424 of 2024, arising out of Saraiya P.S Case no. 13 of 2020 (District Muzaffarpur), Sessions Trial no.128 of 2022, registered under sections 304B and 34 of the Indian Penal Code. The petitioner, Mina Devi (mother-in-law of the deceased), renewed her prayer for grant of regular bail; her earlier application had been rejected vide order dated 22.12.2022 passed in Cr. Misc. no.11476 of 2022. Prosecution case: the informant's daughter, married to the petitioner's son, burnt herself by pouring kerosene oil as a result of alleged torture; the informant attributed responsibility to his son-in-law and to the petitioner, both of whom were demanding a motorcycle and torturing his daughter for non-fulfilment. The husband of the deceased surrendered on 17.10.2023; charge has been framed in the trial court and examination of prosecution witnesses has commenced. Taking into consideration the allegations in the F.I.R, the petitioner's custody of 2 years 6 months since 7.9.2021, and the framing of charge, the court directed her enlargement on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Muzaffarpur, with conditions: physical presence at every trial date and cooperation in the trial; failing which (absence, non-cooperation, or trial delay attributable to the petitioner) the learned trial court may cancel the bail bond and take her into custody till conclusion of the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19424 of 2024

Arising Out of PS. Case No.-13 Year-2020 Thana- SARAIYA District- Muzaffarpur

======================================================

MINA DEVI W/O BALDEV DAS R/O VILLAGE- DATTAPUR, P.SSARAIYA, DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Ms. Sangeeta Sharma, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

2 13-03-2024

Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of

regular bail in connection with Sessions Trial no.128 of 2022, arising out of Saraiya P.S Case no. 13 of 2020 registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the informant states that his daughter who has married to the son of the petitioner herein, as a result of torture burnt herself by pouring kerosene oil. The informant states that his son-in-law and his mother ie the petitioner herein are responsible for her death. Both of them were demanding a motorcycle and were torturing his daughter for non-fulfillment of the same.

Learned counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide order

Patna High Court CR. MISC. No.19424 of 2024(2) dt.13-03-2024 2/3

dated 22.12.2022 passed in Cr. Misc. no.11476 of 2022. Subsequent to passing of the said order, the husband of the deceased surrendered on 17.10.2023. Charge has been framed in the learned trial Court and the examination of prosecution witnesses has commenced. The petitioner undertakes to cooperate in the trial.

The prayer for bail is opposed by learned A.P.P for

the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner who happens to be the mother-in-law of the deceased having remained in custody for 2 years 6 months since 7.9.2021 and charge having been framed in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.128 of 2022 (arising out of Saraiya P.S Case no. 13 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1^st , Muzaffarpur on the following conditions :-

(I) The petitioner shall remain physically present in the trial court on each date of the trial and shall cooperate in the trial.

(II) In case of the petitioner not cooperating in the

Patna High Court CR. MISC. No.19424 of 2024(2) dt.13-03-2024 3/3

trial or the petitioner remains absent on any single date for reasons not to the satisfaction of the learned trial court or the learned trial court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial court may cancel the bail bond of the petitioner and take her into custody till conclusion of the trial.

(Partha Sarthy, J)

Shiv/-

U T