Rabari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20915 of 2019 Arising Out of PS. Case No.-65 Year-2018 Thana- BAGHA District- West Champaran ====================================================== Rabari Devi, Wife of Lal Babu Choudhary @ Lal Babu Sahni Resident of Village - Goriya Patti, Ward no- 25, Bagaha- 1, P.S.- Bagaha, Dist.- W. Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the unfortunate mother of the victim, is languishing in custody since 03.01.2019. in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case, as per the written report of Lalbabu Sahni, husband of the petitioner, submitted to the Station House Officer of Bagaha Police Station, is to the effect that on 16.02.2018 the daughter of the informant went to attend coaching classes and informant went to work when the wife of the informant, the petitioner and her friend Vidyawati Devi were in the house and some unknown person came in the house of

Patna High Court CR. MISC. No.20915 of 2019(2) dt.04-04-2019 2/3 the informant, in the meantime, the daughter of the informant came to the house and inquired about the unknown person, whereupon the daughter of the informant was assaulted. After returning home, the informant had a fight with the petitioner. In the following morning. the informant came to know that the petitioner assaulted the daughter of the informant brutally who left the house and thereafter, the daughter of the informant committed suicide. The informant came to know that the dead body has been cremated by the petitioner.

It is submitted by learned counsel for the petitioner that even assuming the prosecution case, at best, a case under Section 306 of the IPC is made out and investigation has already been concluded. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP, however, submits that it is a shocking case that the daughter of the petitioner committed suicide due to her illicit relationship, with someone and since she objected the illicit relationship the petitioner along with an unknown assaulted the daughter of the informant and dead body was disposed by them without allowing the father of the victim to attend the last rites.

Patna High Court CR. MISC. No.20915 of 2019(2) dt.04-04-2019 3/3 Though, the accusation is shocking to the conscious of this Court but keeping in view the fact that the petitioner is a lady and investigation has already been concluded, let the above named petitioner 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 learned Additional Chief Judicial Magistrate, Bagaha, District - West Champaran in connection with Bagaha P.S. Case No. 65 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T