Ruchi Devi @ Rukhi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11030 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== Ruchi Devi alias Rukhi Devi aged about 65 years, (Female) Wife of Chhathu Yadav, Resident of village- Kaulachi, Police Station- Shikarpur, District- West Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opp Party ====================================================== Appearance :
For the Petitioner :
Mr. Shiv Kumar Dwivedy, Advocate For the State :
Mr. Ajit Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-08-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Shikarpur PS Case No. 78 of 2020, instituted for the offence under Sections 304B and 201/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.11030 of 2021(4) dt.03-08-2021 2/3 The informant has alleged that his daughter was married to the petitioner's son four years back and blessed with two children. The in-laws had been torturing her for demand of motorcycle and dowry. On the fateful day, the informant has received intimation that her daughter and two children were killed by pouring kerosene oil and, thereafter, they have been set ablaze.
The learned counsel for the petitioner submits that the petitioner is the mother-in-law. She is aged about 65 years. It is further submitted that it is a case of suicide as in the investigation material has come to show that the victim was found burnt with her two children inside the house when both the doors of the house were locked from inside. The petitioner's counsel has submitted that the suicide has been committed because, apparently, the victim was a short tempered lady and over a dispute with her husband, who is also in custody, she has set herself ablaze along with her two children. She is in custody since 15.05.2020.
The learned APP, representing the State, has opposed the prayer for bail. It is submitted that the material has come in the case diary to suggest that before the victim had committed suicide there had also been some quarrel with the mother-in-law
Patna High Court CR. MISC. No.11030 of 2021(4) dt.03-08-2021 3/3 (petitioner), who, thereafter, had gone to the field for ploughing the same. It is, at this time, when the victim has committed suicide, as per material in the investigation. Considering the rival submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran, in connection with in Shikarpur PS Case No. 78 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T