Rani Devi @ Rani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81576 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- Charkapathar District- Jamui ====================================================== Rani Devi @ Rani Kumari Wife of Amit Kumar Singh R/O Vill.- Maheshwari Tola, P.S.- Charkapathar, Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Swati Jha, Advocate Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Charkapathar P.S. Case No. 28 of 2024, dated 17.05.2024, registered for the offences punishable under Sections 304(B) and 201 read with Section 34 of the Indian Penal Code.

3. As per the allegation, the daughter of the informant has been done to death by her husband and his family members on account of non-fulfillment of demand of dowry and the body has not been recovered.

4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.81576 of 2024(2) dt.04-12-2024 2/3 case. She is married sister-in-law of the victim and residing at her matrimonial home away from the place of occurrence where the alleged victim has been done to death. She has been implicated only on account of being sister-in-law of the deceased.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has no criminal antecedent.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Chief Judicial Magistrate-II, Jamui, in connection with Charkapathar P.S. Case No. 28 of 2024, subject to the conditions as laid down under Section 438

Patna High Court CR. MISC. No.81576 of 2024(2) dt.04-12-2024 3/3

(2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T