Ragni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85060 of 2023 Arising Out of PS. Case No.-353 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Ragni Devi, W/O Shivam Sundram, R/O Village- Mouna Mishra Toli, P.SChapra Town, Distt.- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Bhaskar, Advocate Mr. Sanjay Jha, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-01-2024 Heard Mr. Anant Kumar Bhaskar, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Town P.S. Case No. 353 of 2023 registered for the offences punishable under Sections 304(B)/120(B)/34 of the Indian Penal Code.
3. Allegedly the marriage of the daughter of the informant was solemnized on 22.06.2022 with Om Shivam Puri. However, soon after the marriage, she was subjected to demand of dowry and on account of non-fulfillment of the same she was done to death. It is also alleged that his daughter might have been killed by her mother-in-law and her husband, due to illicit
Patna High Court CR. MISC. No.85060 of 2023(2) dt.18-01-2024 2/3 relationship.
4. It is submitted on behalf of the petitioner that the petitioner happens to be the sister-in-law (Gotani) of the deceased, having no concern with the affairs of the deceased and her husband and on the alleged date of occurrence she was residing in Gurgaon, Haryana along with her husband for their livelihood. He next submits that the husband of the deceased has already surrendered before the court below on 31.08.2023 and he has been taken into custody. Further, the mother-in-law of the deceased, namely, Rajiya Devi, has already been allowed the privilege of anticipatory bail by a learned Coordinate Bench of this Court in Cr. Misc. No. 66637 of 2023 vide order dated 19.10.2023. He lastly submits that as per the post-mortem report, the cause of death is said to be asphyxia, due to hanging.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the fact that the petitioner is sister-in-law (Gotani) of the deceased, who has been residing separately, coupled with the fact that co-accused (mother-in-law of the deceased) has already been allowed the privilege of anticipatory
Patna High Court CR. MISC. No.85060 of 2023(2) dt.18-01-2024 3/3 bail, let the petitioner, named above, in the event of her arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra in connection with Town P.S. Case No. 353 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T