Radhika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37994 of 2018 Arising Out of PS. Case No.-152 Year-2018 Thana- GARKHA District- Saran ====================================================== Radhika Devi, Wife of Tarkeshwar Rai, Resident of Village- Rustampur, P.S.- Garkha, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 22.04.2018 in connection with Garkha P.S. Case No. 152 of 2018 registered for the offence punishable under Sections 341, 323, 307 and 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while she was getting ready for attending marriage ceremony of her sister-in-law and the family members were away in the field, petitioner, who is her agnate came along with daughter and objected to her attending the said marriage ceremony on which there was a fight between both parties and the petitioner threw her from the roof on which she sustained injuries.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.37994 of 2018(2) dt.05-07-2018 2/2 petitioner that she is innocent and has been falsely implicated in the aforesaid case. He submits that due to a petty quarrel, both parties had a free fight in which the petitioner also got injured for which she has also lodged First Information Report against the informant bearing Garkha, P.S. Case No. 155 of 2018 for the same occurrence on the same date. He submits that as per the injury report, there is only swelling, pain and lacerated wound and she is ready to co-operate in the investigation and not to tamper with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateII, Saran at Chapra in connection with Garkha P.S. Case No. 152 of 2018.

(Nilu Agrawal, J.) Arjun/Ragini U T