Most. Radhika Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58288 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== MOST. RADHIKA DEVI W/O LATE SURENDRA RAUT @ SURENDRA PATEL RESIDENT OF GAMHARIYA, P.S- RAXAUL, HARDIYA, DISTRICT- EAST CHAMPARAN, BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Tanuja Mishra, Adv.
Mr.Utkarsh Bhushan, Adv.
For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Raxaul P.S. Case No. 73 of 2024, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
3. As per allegation, marriage of the deceased was solemnized with son of the petitioner nine years prior to the occurrence. On 12.03.2024, the informant got information that his daughter had died. The accused persons named in the FIR including the petitioner along with two unknown persons, after torturing her by pressing her throat and gouging her eyes, killed
Patna High Court CR. MISC. No.58288 of 2024(2) dt.21-08-2024 2/3 her.
4. Learned counsel for the petitioner submits that the petitioner is old mother-in-law of the deceased. She has no concern with day-to-day affairs of the couple. The occurrence had taken place after 10 years of marriage and the victim has committed suicide which is corroborated by the post mortem report. No external injury, as per post mortem report, was found on the person of the deceased except for a ligature mark around her neck, and the cause of death is due to asphyxia. The post mortem report indicates that it was a suicidal death. Her further submission is that the children of the deceased, after the imprisonment of the petitioner, were rendered helpless and there is no one to look after them. It has also been submitted that when the informant came to know the real facts, he filed a compromise petition, stating therein that his daughter had committed suicide. The petitioner is under custody since 20.03.2024 and she is a lady of clean antecedents.
5. Considering the above-mentioned facts and circumstances, let the petitioner above-named 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 SDJM, Raxaul in connection with Raxaul P.S. Case No. 73 of 2024,
Patna High Court CR. MISC. No.58288 of 2024(2) dt.21-08-2024 3/3 subject to the condition:- The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) SONALI/- U T