Ram Kumari Devi @ Chandrika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25895 of 2023 Arising Out of PS. Case No.-63 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== RAM KUMARI DEVI @ CHANDRIKA DEVI W/O SRI DEVKARAN YADAV R/O VILLAGE- THARHI, P.S- LAUKAHI, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

MS. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 304(B), 302, 201 and 120B of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman aged about 74 years.

4. The informant alleges that his daughter was married to Raja Ram Yadav, after marriage she was being tortured for non-fulfillment of demand of dowry of Rs. 5 lakhs, further accused persons including the petitioner killed his daughter and on information the police went to the cremation

Patna High Court CR. MISC. No.25895 of 2023(2) dt.21-07-2023 2/3 Ghat from where the charred body of the deceased was recovered from the pyre.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case being mother-in-law of the deceased, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation of demand of dowry is general and omnibus in nature. It is also submitted that it is the duty of the husband to ensure the well-being of his wife. It is next submitted that whenever such occurrence takes place, the entire family is implicated based on a general and omnibus allegation. Learned counsel further submits that husband is availing his remedy available in law by filing A.B.P. No. 329 of 2023 pending in the Court of learned Sessions Judge, Jhanjharpur.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.25895 of 2023(2) dt.21-07-2023 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Laukahi P.S. Case No. 63 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T