Radhika Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67444 of 2023 Arising Out of PS. Case No.-355 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== RADHIKA KUMARI D/O SANJAY RAI R/O VILLAGE- AALAMPUR, P.S- PHULWARISARIF, DISTT.- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in a case in connection with Phulwarisharif P.S. Case No. 355 of 2022, registered for the offences punishable under Sections 304B, 34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act, 1961.

3. As per F.I.R., allegation against the petitioner along with other co-accused persons have committed murder of the informant's daughter.

4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Petitioner has got no criminal antecedent mentioned in Para 3 of the bail application. Petitioner is the unmarried sister-

Patna High Court CR. MISC. No.67444 of 2023(3) dt.23-01-2024 2/2 in-law (Nanad) of the deceased and the husband of the deceased is already in judicial custody since 19.04.202 mentioned in Para 13 of the bail petition. There is no specific overt act against the petitioner rather there is general and omnibus allegation of demanding Rs. 5 lacs and one katha of land. Similarly situated co-accused have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 24.04.2023 passed in Cr. Misc. No. 71876 of 2022.

5. Learned APP for the State has opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case and also there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Phulwarisharif P.S. Case No. 355 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Ranjeet/- U T