Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28528 of 2020 Arising Out of PS. Case No.-612 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== REKHA DEVI W/o Mangal Mahato R/o Pathari Ghat (Chhath Ghat), P.S.- Bettiah (Town), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. M. K. Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Bettiah Town Police Station Case No. 612 of 2019, registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code.

The allegation, as per the First Information Report, is that the sister of the informant (now deceased) was married to co-accused Mangal Mahto four years back, but after some times, the petitioner, along with husband of the deceased, started demanding Rs. 50,000/- by way of dowry and due to nonfulfillment of the said demand, the accused persons used to

Patna High Court CR. MISC. No.28528 of 2020(2) dt.11-11-2020 2/3 torture the deceased and on 18.08.2019, the informant received information that accused persons have killed the deceased. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and she has falsely been implicated in this case. He further submits that the petitioner is the first wife of the husband of the deceased. He further submits that the husband of the petitioner, who is also the husband of the deceased, had performed love marriage with the deceased and they were living separately to the petitioner. He further submits that charge sheet has already been submitted in this case and the petitioner is in custody since 19.08.2019.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the police has submitted charge sheet against the petitioner and she is in custody since 19.08.2019, I am inclined to grant bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, at Bettiah,

Patna High Court CR. MISC. No.28528 of 2020(2) dt.11-11-2020 3/3 in connection with Bettiah Town Police Station Case No. 612 of 2019.

It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √