Rinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64385 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1.

RINKI DEVI Wife of Birendra Sah @ Virendra Sah Resident of VillageChainpur Bhagya Nagar, P.S.-Kalyanpur, District-East Champaran. 2.

PRITI DEVI Daughter of Birendra Sah @ Virendra Sah Resident of VillageChainpur Bhagya Nagar, P.S.-Kalyanpur, District-East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Abhishek Kumar, Advocate Mr. Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Kalyanpur P.S. Case No. 108 of 2023 dated 02.04.2023 registered for the offences punishable u/ss 304B and 120B of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of Rs. 4,00,000/- and other valuable household items like fridge, golden chain as dowry.

Patna High Court CR. MISC. No.64385 of 2023(2) dt.01-11-2023 2/3

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the Sister-in-law (Nanad) of the deceased. There is general and omnibus allegation against the petitioners. The petitioners neither demanded any dowry nor tortured the informant's daughter. It is further submitted that the cause of death is "asphyxia due to hanging". The co-accused has already been granted bail by the Coordinate Bench of this court vide order dated 07.08.2023 passed in Cr. Misc. No. 47381 of 2023. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the allegation being general and omnibus, let the above named petitioners who are ladies, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Motihari,

Patna High Court CR. MISC. No.64385 of 2023(2) dt.01-11-2023 3/3 East Champaran in connection with Kalyanpur P.S. Case No. 108 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T