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Patna High CourtCR. MISC./46044/2025bail granted

Rekha Devi v. The State Of Bihar

2025-07-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46044 of 2025 Arising Out of PS. Case No.-43 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Rekha Devi W/o Ramkumar Sahani @ Rampukar Sahni R/o Village- Vaishali Garh, P.O., P.S. and District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocaate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Vaishali P.S. Case No. 43 of 2023 instituted for the offence under Sections 304/34 of the Indian Penal Code (for brevity 'the IPC') and subsequently, Section 304B of the IPC was added. 3.

The informant alleged that his daughter was harassed and beaten by her husband and in-laws for dowry, including a motorcycle. Despite repeated requests, the torture continued, and she was eventually murdered having five months pregnancy.

Patna High Court CR. MISC. No.46044 of 2025(2) dt.28-07-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-01-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the mother-in-law of the deceased. Husband of the deceased is already in custody. There is no specific allegation attributed to the petitioner, rather allegation is general and omnibus in nature. Petitioner is even separate in mess and property from the husband of the deceased. Police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.46044 of 2025(2) dt.28-07-2025 3/3 below/concerned Court in connection with Vaishali P.S. Case No. 43 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T