Rajkali Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12007 of 2025 Arising Out of PS. Case No.-218 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Rajkali Devi W/O Bhikhari Baitha R/O Village- Hazratpur, P.S- Rampur Hari, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Anand, Adv.
Shanti Kumari Sinha, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2025 Heard the parties.
2. The petitioner apprehends her arrest in connection with Rampur Hari P.S. Case No. 218 of 2024 for the offence registered under sections 80(i), 238, 61(2), 3(5) of the BNS lodged on 30.10.2024 by the informant, Dablu Baith.
3. As per the prosecution story, the informant alleged that the sister of the informant was married to Pawan Baitha but was tortured for dowry and on the fateful day, they came to know that she has been killed and the dead body has been taken to a nearby forest for cremation. This led to the FIR.
4. Learned Counsel for the petitioner submits that omnibus allegation is there against the petitioner, she being mother-in-law was living separately, had no role to play, even
Patna High Court CR. MISC. No.12007 of 2025(3) dt.13-05-2025 2/3 the dead body having been taken to the forest, she being female, had again no role to play in the matter, if granted bail, she shall be diligently appearing in trial, the last submission is that her husband is in custody.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
6. Considering the submissions of the parties as also the fact that nothing specific has been recorded against her. It is an unfortunate case where the lady was not given a proper cremation and the allegation is that she was taken to a nearby forest for the cremation. However, the lady has undertaken to diligently appear in trial and has no criminal antecedent, this Court is inclined to grant her the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 9, East Muzaffarpur in connection with Rampur Hari P.S. Case No. 218 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.12007 of 2025(3) dt.13-05-2025 3/3 (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show her bona fide;
(ii) the petitioner 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 her bail bond by the Trial court itself;
(iii) the petitioner 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 petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T