Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17749 of 2024 Arising Out of PS. Case No.-204 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== Rekha Devi Wife of Fulchand Chopal Resident of vill.-Sukhasan, Ward No.3, P.S.-Singheshwar, District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate Ms. Pooja Prasad, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Singheshwar P.S. Case No. 204 of 2022 instituted for the offences punishable under Sections 341, 323, 328, 302 / 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he alongwith other co-accused person strangulated the daughter of the informant and administered poison also due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is innocent committed no offence and she has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that there is no eye witness of the occurrence.

5. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.17749 of 2024(4) dt.15-07-2024 2/2 prayer for bail of the petitioner.

6. From perusal of the F.I.R., impugned order dated 02.02.2024, case diary and post report, it appears that no external injury found on the dead body of the deceased and opinion of Doctor regarding cause of death could not be assigned. FSL report is already on record and no poison found on body of deceased.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on 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 C.J.M., Madhepura in connection with Singheshwar P.S. Case No. 204 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Ramesh Chand Malviya, J) saurabhkr/- U T