Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57293 of 2022 Arising Out of PS. Case No.-468 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== 1.
USHA DEVI W/O Raja Rishideo R/V- Belokhari, P.S.- Ghailadh, DisttMadhepura. 2.
Asha Devi W/O Akhilesh Rishideo 3.
Akhilesh Rishideo S/o Jagdish Rishideo Both R/V- Dhamraha Ghat, Ward no.-2, P.S.- Mansi, District- Khagaria. According to FIR- Village Budhma, Ward no.-11, P.S. and Distt- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-01-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Madhepura (Bharahi) P.S. Case No.468 of 2022 instituted under Sections 304(B), 302/34 of the IPC.
As per the FIR, the deceased lady was married to Pradeep Rishideo but was tortured for dowry. In between, she gave birth to two child but on the fateful day, the informant came to know about her death. Accordingly, visited the deceased's inlaws house and saw her death body followed by the FIR.
Patna High Court CR. MISC. No.57293 of 2022(2) dt.24-01-2023 2/3 Learned counsel for the petitioners submit that while petitioner no.1 and 2 are married sisters-in-law of the deceased (Nanad), the petitioner no.3 is the husband of petitioner no.2 and have nothing to do with the family affairs. Further, submission is that they do not have criminal history. The last submission is that the husband will be soon surrendering before the court while the father-in-law has already been taken into custody.
Learned APP on the other hand opposes the prayer for anticipatory bail.
Taking into account the relationship that the three petitioners have, two of them are married sisters-in-law (Nanad) while the third is the husband of petitioner no.2, case has been lodged and ultimately they will be facing the trial, this Court is inclined to grant him relief.
Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Madhepura (Bharahi) P.S. Case No.468 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Madhepura, subject to the
Patna High Court CR. MISC. No.57293 of 2022(2) dt.24-01-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T