Rekha Devi @ Rekha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41231 of 2024 Arising Out of PS. Case No.-576 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.
Rekha Devi @ Rekha Kumari W/O Ravindra Ray RESIDENT OF ORAILA BARI Khokha P.S. SRINAGAR DISTRICT PURNEA 2.
Sita Kumari @ Sita Devi W/O Mithalesh Kumar Mandal Resident at ward no.4, Bareta, Garhbanaili, P.S. Kasba, Distt-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar Agrawal For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Araria P.S. Case No. 576 of 2019 registered for the offence under Sections 304B, 120(B)/34 of the Indian Penal Code and Sections 3/4 of D.P. Act.
3. It is a case of dowry death. The petitioners along with co-accused tortured in various ways to the daughter of informant due to non-fulfillment of addition dowry demand. On 20.7.2019, daughter of the informant was taken by her husband by motorcycle. Later on, her dead body was recovered on the
Patna High Court CR. MISC. No.41231 of 2024(2) dt.20-06-2024 2/3 way to her matrimonial house.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners are sisters-in-law of the deceased due to which they have falsely been implicated in the present case. The petitioners have no concern mess and business of the deceased as well as her husband and live separately from them. There is general and omnibus allegation against the petitioners. They have also got no criminal antecedent. Moreover, other co-accused Mithilesh Mandal has already been enlarged on bail b this Court vide order dt. 15.12.2023 passed in Cr. Misc. No. 81173 of 2023.
5. Learned APP appearing for the state has opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Araria P.S. Case no. 576 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.41231 of 2024(2) dt.20-06-2024 3/3 Magistrate, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) amandeep/- U T