Radha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46237 of 2024 Arising Out of PS. Case No.-461 Year-2022 Thana- ALOULI District- Khagaria ====================================================== Radha Devi Wife of Ram Chandra Yadav Resident of Village - Alauli, P.S.- Alauli, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2024

1. Heard the parties.

2. The petitioner apprehends her arrest in connection with Alauli P.S. Case No. 461 of 2022 dated 02.10.2022 registered under Section 304(B) / 34 of the I.P.C.

3. As per the First Information Report the sister of the informant was married to the co-accused / Pandav Yadav about four years back. On 01.10.2022 at about 11:00 P.M. he had a talk with his sister, who was frightened and told the informant that her husband and in-laws were demanding Rs. 2,00,000/-, otherwise they would kill her. The informant had paid Rs. 1,00,000/- earlier also on their demand. On 02.10.2022 the informant received information regarding death of his sister and when he arrived at the house of his sister, he saw his sister lying on the floor with a mark of rope in her neck and all the family members were absconding.

Patna High Court CR. MISC. No.46237 of 2024(2) dt.07-08-2024 2/3

4. Learned counsel for the petitioner submits that petitioner is the mother-in-law of the deceased and has falsely been implicated in this case on the basis of general and omnibus allegation levelled against her. From perusal of the F.I.R. it would be evident that neither the informant is an eye witness of the alleged occurrence nor any other incriminating evidence has come during the course of entire investigation. The co-accused namely, Pandav Yadav, who is the husband of the deceased and Ram Chandra Yadav (father- in- law of the deceased) have been acquitted by the learned trial court. The petitioner was living separately with her husband for the last three years.

5. I have heard learned counsel for the parties and gone through the impugned order. Within seven years of marriage the informant's sister has died an unnatural death in her matrimonial home. There is close proximity of time between demand of dowry and torture and death of the informant's sister. The nature of death is immaterial whether it is suicidal, homicidal or accidental. There is presumption under Section 113A and 113B of the Indian Evidence Act against the petitioner. Acquittal of the co-accused by the trial court is inconsequential while considering the application for grant of anticipatory bail. Accordingly, I am not inclined to grant

Patna High Court CR. MISC. No.46237 of 2024(2) dt.07-08-2024 3/3 anticipatory bail to the petitioner.

6. The prayer for grant of anticipatory bail is rejected. (Anil Kumar Sinha, J) praful/- U T