Radha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19222 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== 1.

Radha Devi Wife of Sukhu Yadav Resident of vill.-Maranpur Achaybat, P.S.-Vishnupad, Distt.-Gaya 2.

Sukhu Yadav son of late Butta Mahto @ Buta Mahto @ Buta Yadav Resident of vill.-Maranpur Achaybat, P.S.-Vishnupad, Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Prithivi Raj Singh, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Vishnupad Mandir P.S. Case No. 223 of 2023 instituted for the offence under Sections 304B & 34 of the Indian Penal Code. 3.

Prosecution case in short is that daughter of the informant was done to death at her matrimonial house. 4.

It has been submitted on behalf of the petitioners that the petitioner No. 1 is in custody since 21-11-2023 , while petitioner No. 2 is in custody since 22-11-2023. Petitioners have no criminal antecedent.

5.

It has been further submitted by the petitioners'

Patna High Court CR. MISC. No.19222 of 2024(2) dt.18-03-2024 2/2 counsel that petitioners have been falsely implicated in the present case. It is submitted that husband of the victim is already in jail. Petitioner No. 1 is the mother-in-law and petitioner No. 2 is the father-in-law of the victim. It is submitted that petitioners are living separately. It is submitted that even from perusal of the FIR, there is no specific allegation against the petitioners. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and clean antecedent of the petitioners, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vishnupad Mandir P.S. Case No. 223 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T