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Patna High CourtCR. MISC./58774/2023bail granted

Rani Devi v. The State Of Bihar

2023-09-20Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58774 of 2023 Arising Out of PS. Case No.-562 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

Rani Devi Wife Of Late Ranjit Kumar Village- Shivrajpur Near Mangalpur, Ps- Bagaha, Dist- West Champaran 2.

Maina Devi Wife Of Allah Ram Village- Shivrajpur Near Mangalpur, PsBagaha, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehends arrest in connection with Govindganj (Malahi) P.S. Case No. 562 of 2022 dated 18.11.2022, instituted for the offence punishable under Sections 306/34 of the Indian Penal Code.

3. The prosecution case, in short, is that after marriage, the elder brother of the informant, namely, Ranjeet Kumar started residing at his Sasural. There was some dispute between the elder brother of informant and his wife, namely, Rani Devi and mother-in-law, namely, Maina Devi and they used to quarrel with the elder brother of informant. On

Patna High Court CR. MISC. No.58774 of 2023(2) dt.20-09-2023 2/3 18.11.2022, the informant came to know that his elder brother has committed suicide and thereafter, the informant went there and found the dead body of his brother hanging.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioner no. 1 is the widow of deceased namely, Ranjeet Kumar and petitioner no. 2 is the mother-in-law of the deceased. It is further submitted that prior to institution of the F.I.R. there was no complaint of harassment or torture caused by the petitioners to deceased. It is next submitted that deceased Ranjeet Kumar was a labour and his financial condition was not so good due to which most of time he was facing financial crisis but being the wife petitioner no. 1 always supported the deceased-husband. Learned counsel further submitted that there is no eye-witness of the occurrence. He further submitted that Ranjeet Kumar died in village Bathna, P.S.

- Govindganj, District- East Champaran and the petitioners were living about 100 km away from the alleged place of occurrence. It is further stated that no suicidal note has been recovered from the place of occurrence and also from belongings of the deceased. Lastly, it has been submitted that the petitioners have no criminal antecedents.

Patna High Court CR. MISC. No.58774 of 2023(2) dt.20-09-2023 3/3

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Govindganj (Malahi) P.S. Case No. 562 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-1, East Champaran at Motihari subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T