Radhika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30300 of 2024 Arising Out of PS. Case No.-239 Year-2023 Thana- DEWARIA District- Muzaffarpur ====================================================== Radhika Devi, aged about 65 years, Female, W/o Late Mangal Ram, R/o village Chainpur Murgiya Chowk, P.S. - Deoria, Distt. - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nachiketa Jha, Advocate For the Opposite Party :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Deoria P.S. Case No. 239 of 2023 dated 14.11.2023 registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured and assaulted the informant's daughter due to non-fulfilment of demand of dowry and thereafter they have committed murder of his daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in

Patna High Court CR. MISC. No.30300 of 2024(2) dt.20-05-2024 2/3 this case. The petitioner has not tortured the deceased. It is further submitted that the occurrence took place on 14.11.2023 at 7.00 A.M., but the same has been produced before the learned Magistrate on 02.12.2023 after a lapse of 18 days of the alleged offence. It is further submitted that the real fact of the case is that the deceased herself had committed suicide after 13 years of marriage. The petitioner is separate in mess and property from the husband of the deceased. The petitioner has no concern with the alleged offence. It is further submitted that the petitioner is the mother-in-law of the deceased. It is further submitted that the husband of the deceased is in custody as stated in paragraph no. 8 of the bail petition. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Vth, Muzaffarpur (West) in connection with Deoria P.S. Case No.

Patna High Court CR. MISC. No.30300 of 2024(2) dt.20-05-2024 3/3 239 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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