Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17829 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Rita Devi W/o Late Bindheswari Yadav @ Sukan Rai R/o Mohalla- Khetari, Ward No. 4, P.S- Koilwar, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-04-2025 Heard Mr. Anil Kumar Singh, learned counsel for the petitioner and Mr. Binod Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Koelwar P.S. Case No. 278 of 2024, F.I.R. dated 30.06.2024 for the offences punishable under Sections 306/34 of the Indian Penal Code.
3. According to prosecution case, due to some altercation between the informant's sister and her husband, the informant's sister has committed suicide by hanging.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case merely on the ground that she is mother-in-law of the deceased. He further submits that it
Patna High Court CR. MISC. No.17829 of 2025(2) dt.21-04-2025 2/3 appears from the F.I.R itself that the informant himself stated that the victim has committed suicide herself and in fact, the petitioner is living with her another son, namely, Rikki Kumar Yadav at Asansol, West Bengal and she has no concern at all with the alleged occurrence.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, informant himself stated in the F.I.R that the victim has committed suicide herself and the petitioner is living separately from the victim, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Koelwar P.S. Case No. 278 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.17829 of 2025(2) dt.21-04-2025 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T