Rina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68454 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- Maghopur District- Gopalganj ====================================================== Rina Devi Wife of Ram Lakhan Basfore Resident of Village - Madhopur, P.S. - Madhopur, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harendra Prasad, Adv.
For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Madhopur P.S. Case No. 14 of 2024, lodged on 29.03.2024, under Sections 304B/34 of the I.P.C. and Sections 3/4 of the Dowry Prohibition Act.
3. As per the prosecution, the F.I.R. has been lodged against six named accused persons including the present petitioner against whom there is allegation that all the accused persons in connivance with each other had killed the daughter of the informant by assaulting and subsequently strangulating her neck.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that it is a unique case in which husband has not been
Patna High Court CR. MISC. No.68454 of 2024(2) dt.01-10-2024 2/3 made accused under Sections 304B of the Indian Penal Code. Counsel submits that from the content of the FIR it becomes crystal clear that the said victim (now deceased) was pregnant of seven months. Counsel submits that the death has not been caused due to the torture or strangulation, it is due to the natural death as post mortem report, which is annexed as AnnexureP/2, indicates that there were no external injury found on the body of the said deceased in the post mortem report which has been conducted by a team of three doctors. Counsel for the petitioner has shown his plausible explanation that the death has been caused due to illness as she was pregnant of seven months and she was ill. Counsel further submits that the antecedent of the petitioner is clean and she is in custody since 30.03.2024.
5. Learned Counsel for the State opposes the prayer for bail and submits that it is true that the post mortem report does not support the allegation made in the FIR but she is mother-in-law and both were living together so, it is the responsibility of the family members to look after the daughterin-law.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not
Patna High Court CR. MISC. No.68454 of 2024(2) dt.01-10-2024 3/3 framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judical Magistrate, Gopalganj in connection with Madhopur P.S. Case No. 14 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J.) Aman Kumar/- U T