Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32110 of 2024 Arising Out of PS. Case No.-128 Year-2021 Thana- KISHANPUR District- Supaul ====================================================== Rekha Devi, aged about 50 years, Female, W/o Late Suresh Chauhan @ Suren Chauhan, R/o vill - Sisauni, Ward No. 13, P.S. - Kishanpur, Distt. - Supaul.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kuldeep Kumar, Advocate For the Opposite Party :

Mr.Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Kishanpur P.S. Case No. 128 of 2021 dated 02.07.2021 registered for the offences punishable under Sections 341, 323, 325, 302 read with Section 34 of the I.P.C.

3. As per the prosecution case, the petitioner and the co-accused persons started demanding 5 katha land as dowry from the informant's sister. When the informant's father came to know about this, he went to the in-laws house of her daughter where he was assaulted with lathi, danda, fists and slaps and due to which he fell unconscious on the ground. Thereafter, the informant's father was taken to the hospital where he died.

Patna High Court CR. MISC. No.32110 of 2024(2) dt.27-06-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is the samdhan of the deceased and she has no concern with the alleged offence. The informant's father was working as a Rajmistri and during the course of working hour, he fell down and sustained injury and in course of treatment, he died. It is further submitted that the informant has filed an application before the learned C.J.M, Supaul on 09.02.

2022 stating therein that the alleged incident has not taken place in his presence and the present case has been lodged by him merely on the basis of hearsay and after performing funeral of dead body of his father and after inquiring and ascertaining from the villagers, he came to know that the accused persons were innocent and they had not committed any offence and due to some other reason, his father died while he was ill. The other co-accused Pappu Chauhan @ Pappu Kumar who is the son-in-law of the deceased has been granted bail by a Bench of this Court vide Cr. Misc. No. 40466 of 2023 under order dated 24.07.2023 annexed as Annexure-4 to the bail petition. The petitioner is a lady. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. She is in custody in this case since 06.01.2024.

Patna High Court CR. MISC. No.32110 of 2024(2) dt.27-06-2024 3/3

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 128 of 2021.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T