Sharda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6081 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- GOVINDPUR District- Nawada ====================================================== SHARDA DEVI W/o Ram Balak Ravidas, Resident of Village- Koriauna, P.S.- Govindpur, Distt- Nawada.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr. Arjun Prasad and Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-12-2021 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State assisted by the learned counsel for the informant.
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
The petitioner apprehends her arrest in connection with Govindpur P.S. Case No. 135 of 2020 registered for offence punishable under sections 341, 323, 504, 302/34 of the Indian Penal Code.
The informant, Lalkesharwar Ravidas has made allegation in the FIR that he got a telephonic information that his daughter has died due to electric shock. The informant went
Patna High Court CR. MISC. No.6081 of 2021(2) dt.15-12-2021 2/3 to the matrimonial house of his daughter and saw her dead body. Thereafter, the post mortem was conducted and deceased was cremated. In the next morning, the persons of the vicinity were talking that the accused persons had committed murder of the deceased. When the informant asked about this from his son-inlaw, Vishal Ravi then his son-in-law, mother-in-law and fatherin-law of the deceased started abusing and assaulting the informant.
The learned counsel for the petitioner has submitted that the father-in-law and husband of the deceased are under custody. He has further submitted that this case has falsely been lodged against the petitioner. He has also submitted that Fardbeyan itself shows that the matrimonial inmates themselves had transmitted telephonic information about the aforesaid occurrence.
On the other hand, the learned Additional Public Prosecutor assisted by the learned counsel for the State has opposed the prayer for anticipatory bail.
The FIR itself shows that there is no allegation of dowry demand, neither about the torture to the deceased by the matrimonial inmates. The post mortem was also conducted in
Patna High Court CR. MISC. No.6081 of 2021(2) dt.15-12-2021 3/3 the presence of the informant.
Considering the above mentioned facts and circumstances, let the petitioner above named, in the event of her arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada in connection with Govindpur P.S. Case No. 135 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) Mahesh/- U T