Rekha Devi @ Rekha Domin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40885 of 2023 Arising Out of PS. Case No.-84 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== Rekha Devi @ Rekha Domin Wife of Sikandra Mallik Resident of village - Atri, P.S.- Laukahi, District - Madhubani ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Laukahi P.S. Case No.- 84 of 2021 registered for the offences punishable under Section 304(B)/302/34 of the Indian Penal Code. He has got no criminal antecedent.

3. Learned counsel for the petitioner submits that the petitioner along with her family members was involved in killing the daughter of the informant for want of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the thrust of allegation are against the husband who is already in judicial custody and the father-in-law of the deceased has been granted bail in Cr. Misc. No. 71077 of

Patna High Court CR. MISC. No.40885 of 2023(2) dt.28-07-2023 2/3 2021.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case in which this petitioner is said to be the mother-in-law of the deceased, the thrust of allegation are against the husband who is already in judicial custody and the father-in-law of the deceased has been granted bail in Cr. Misc. No. 71077 of 2021 by the learned Co-ordinate Bench of this Court, 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 Laukahi P.S. Case No.- 84 of 2021 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 Addl. Chief Judicial Magistrate-I, Jhanjharpur., subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case, at any 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

Patna High Court CR. MISC. No.40885 of 2023(2) dt.28-07-2023 3/3 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T