Rajani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1042 of 2021 Arising Out of PS. Case No.-163 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== RAJANI DEVI W/o Pappu Mandal R/o Village- Ram Nagar Mankatha, P.S.- Lakhisarai , District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Pandey, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-06-2021 Heard Mr. Bijay Pandey, learned counsel for the petitioner and Mr. Ganesh Prasad Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Rail Kiul P.S. Case No. 163 of 2019 registered for the offences punishable under Section 302, 120(B), 498(A) and 201 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that the marriage of the informant's daughter was solemnized with Jiwan Mandal in the year 2012 and after marriage the accused persons including the petitioner started demanding dowry of Rs.1,00,000/- and due to non-fulfillment of the said demand, the accused persons assaulted and tortured the daughter

Patna High Court CR. MISC. No.1042 of 2021(3) dt.21-06-2021 2/3 of the informant and after hatching conspiracy, they committed murder of the informant's daughter and put her dead body on the railway track at Mankattha.

Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased and she has falsely been implicated in this case with oblique motive. Learned counsel further submits that from perusal of the complaint-cumFirst Information Report, it would be evident that the date of occurrence has allegedly taken place on 4.3.2019 and the First Information Report has been lodged after a considerable delay for about six months i.e. on 8.9.2019 and complaint was filed by the complainant-cum-informant on 27.8.2019. Learned counsel referring to Anexure-2 submits that from perusal of the First Information Report, it would be evident that Railway Police, Kiul, lodged an UD case stating therein that one lady, namely, Sarita Kumar i.e. the daughter of the informant had met with an accident while coming out from the train. The petitioner is in custody since 15.8.2020.

Having heard learned counsel for the parties and taking into consideration the materials on record and Annexure2 which is an UD Case lodged by the Railway Police, Kiul on 5.3.2019 stating therein that the victim has died due to train

Patna High Court CR. MISC. No.1042 of 2021(3) dt.21-06-2021 3/3 accident and the petitioner is a lady and is in custody since 15.8.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, in connection with Rail Kiul P.S. Case No. 163 of 2019. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T