Rekha Devi Alias Sinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38910 of 2020 Arising Out of PS. Case No.-684 Year-2019 Thana- MASAUDHI District- Patna ====================================================== REKHA DEVI ALIAS SINKU DEVI Wife of Suraj Mistri Resident of Village- Garihara, P.S.- Masaurhi, District- Patna. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Sinha, Advocate.

For the State :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 22/23.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner apprehends her arrest in connection with Masaurhi P.S. Case No.684 of 2019 registered under Sections 304(B) and 201/34 of the Indian Penal Code. The accusation is that the marriage of the deceased Kanchan Devi, the daughter of the informant Suresh Mistri, was performed in the year 2017 with Nitish Kumar, son of Lavkush

Patna High Court CR. MISC. No.38910 of 2020(2) dt.12-07-2021 2/3 Mistri, of village-Garihara, P.S. Masaurhi, District-Patna. Due to non-fulfillment of the dowry demand, the deceased, the daughter of the informant, was burnt to death by her husband and other in-laws and her dead body was thrown in the river. On search, a burnt dead body was recovered from Punpun River near village- Vishambharpur, which was identified by the informant as of his daughter Kanchan Devi.

Learned counsel for the petitioner submits that the petitioner is the Gotni of the deceased, the daughter of the informant, and on the date of the occurrence, the petitioner had gone to her Maika on the occasion of Raksha Bandhan. Further submission is that the petitioner, who has three children, has no criminal antecedent and has falsely been implicated in this case. Learned counsel for the petitioner submitted at the Bar that Nitish Kumar, the husband of the deceased, the daughter of the informant, was apprehended by the police on the next date of the occurrence, i.e., on 19.09.2019 and since then he is in custody.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.38910 of 2020(2) dt.12-07-2021 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri B.N. Tripathi, Judicial Magistrate, First Class, Masaurhi, Patna, in connection with Masaurhi P.S. Case No.684 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T