Radha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35267 of 2018 ====================================================== Radha Devi W/o Kishori Giri, resident of village- Balla Baiju, P.S.- Patahi, District- Motihari.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Saroj Kumar Upadhyay, Advocate For the State : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Beur P.S. Case No.304 of 2017 registered under Sections 328, 302, 201 and 120B read with 34 of the Indian Penal Code. The allegation made in the first information report by one Arbind Giri is that his daughter Archana Kumari was married to one Ravi Shankar Giri of village Bella Baiju sixteen years ago. After the marriage his son-in-law and his family members started giving threatening to kill her. His daughter gave birth to two male and one female child. On 04.12.2017, at 9 a.m., he received information that his daughter, who was living with her husband in a rented house of one Gautam situated at Sipara Police Station
Patna High Court Cr.Misc. No.35267 of 2018 (2) dt.28-06-2018 2/3 Beur, Patna is admitted in P.M.C.H. The informant gave information to the Beur Police Station and the Beur Police Station gave information to Patahi Police Station. Later on, he came to know that she was done to death and her body was disposed of. It is submitted by the learned counsel for the petitioner that apparently the name of the petitioner has been given only because she happens to be the mother of son-in-law of the informant. He submitted that she is living in her village home whereas the entire incident has taken place at Patna. He submitted that save and except hypothetical presumption and wild suspicion levelled in the FIR there is no other material to connect the petitioner with the alleged offence.
Learned counsel for the State submitted that the informant has suspected the hand of the petitioner also in the commission of the offence.
Considering the fact that marriage is about sixteen years ago and the entire incident took place at Patna whereas the petitioner is residing at her village home, in the event of arrest or surrender in the court below within six weeks from today, she is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court Cr.Misc. No.35267 of 2018 (2) dt.28-06-2018 3/3 Judicial Magistrate-cum-Sub Judge-VIII, Patna in connection with Beur P.S. Case No.304 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T