Ramawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23284 of 2024 Arising Out of PS. Case No.-123 Year-2023 Thana- BAGENGOLA District- Buxar ====================================================== Ramawati Devi Wife Of Umesh Yadav Resident Of Village - Sukar Tola, P.S. - Bagengola, District - Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bagengola P.S. Case No.123 of 2023 lodged under Sections 302 and 201 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against six named accused persons including the petitioner against whom the informant has alleged that the marriage of his daughter was solemnized with one accused Umesh Yadav who used to torture the daughter of the informant with the help of his second wife(petitioner) and allegation has been made that they have killed and with a view to elope, they burnt the dead body.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that it is true that there is allegation in the F.I.R., but it is also true that before the Chief Judicial Magistrate, the informant has

Patna High Court CR. MISC. No.23284 of 2024(2) dt.04-04-2024 2/2 submitted another application in the form of an affidavit in which he has narrated the entire situation under which the F.I.R. has been lodged due to wrong information.

5. Counsel further submits that the petitioner is in custody since 14.12.2023 and the petitioner is a female having clean antecedent.

6. Counsel further submits that during pendency of the bail application, the husband of the petitioner has already surrendered.

7. Learned counsel for the State opposes the prayer for bail and submits that from the petition, it does not transpires that whether husband has surrendered or not.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Bagengola P.S. Case No.123 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T