Reena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28551 of 2023 Arising Out of PS. Case No.-686 Year-2022 Thana- HISUWA District- Nawada ====================================================== Reena Devi Wife Of Mantu Yadav Resident Of Village Manjhway, Ps Hisua, Dist Nawada ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking pre-arrest bail in connection with Hisua P.S. Case No.- 686 of 2022 registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code. She has got no criminal antecedent. Learned counsel for the petitioner submits that the daughter of informant solemnized marriage with one Yogendra Yadav on 16.05.2022 and after some time of marriage, she was blessed with a child. It is alleged that the husband of the informant's daughter along with his family members demanded cash of Rs. 2 lakhs and even assaulted his daughter for nonfulfillment of demand of dowry and thereafter on 18.11.2022 all the accused persons killed his daughter who was carrying pregnancy of seven months.
Patna High Court CR. MISC. No.28551 of 2023(2) dt.07-07-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is no specific allegation against the petitioner and the husband is already in custody. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case, wherein this petitioner is said to be the gotiya of the deceased, there is no specific allegation against her and the only submission on behalf of the informant is that the husband alone could not have been so strong to kill his wife, there being no other material to implicate the petitioner and that the husband is already in custody, this Court directs that in case of her arrest or surrender within a period of four weeks from today, the petitioner above named shall be enlarged on bail in connection with Hisua P.S. Case No.- 686 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Nawada, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case, at any
Patna High Court CR. MISC. No.28551 of 2023(2) dt.07-07-2023 3/3 stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T