Chandrakala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11393 of 2024 Arising Out of PS. Case No.-395 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== Chandrakala Devi Wife of Ram Kishor Rai Resident of Village-Marar, P.S.- Riga, Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Riga P.S. Case No. 395 of 2022 dated 11.09.2022, instituted for the offence punishable under Sections 302, 304B, 201, 120B/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant married his daughter with petitioner's son on 21.08.2021. After marriage, she was subjected to cruelty for a motorcycle by her mother-in-law and father-in-law. When her husband went outside, then the petitioner who is her mother-in-law and brother-in-law (Devar) Anil Kumar along with other unknown persons strangulated her to death and without informing the informant the dead body was being disposed of by them. After

Patna High Court CR. MISC. No.11393 of 2024(3) dt.19-04-2024 2/3 getting information, the informant reached at the spot then the petitioner along with other persons fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased. It is further submitted that the daughter of the informant was suffering from ailment and she died due to ailment and in presence of the informant dead body was being disposed of, but in the meantime, the brother of the informant came and instigated to him to institute the case after first rituals of cremation and then the police instituted the present case. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. It is further stated that the father-in-law of the deceased has been arrested at the spot and he has been granted regular bail by this Court on 21.06.2023 vide Criminal Miscellaneous No. 32228 of 2023. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.11393 of 2024(3) dt.19-04-2024 3/3 the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Riga P.S. Case No. 395 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Sitamarhi, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) sankalp/- U T