Rekha Devi @ Lakho Devi @ Lakhiya Devi Vs The… — Murder and Culpable Homicide | Patna HC (2025)

Rekha Devi @ Lakho Devi @ Lakhiya Devi Vs The… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners, effective upon arrest or surrender before the Court below within six weeks, on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Jandaha P.S. Case No.167 of 2024, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the two petitioners (mother-in-law and brother-in-law of the deceased) who apprehend arrest in Jandaha P.S. Case No.167 of 2024 instituted under Sections 304(B) and 34 IPC for alleged dowry death, a chargesheet having been filed against them.

Court's answer

In the event of arrest or surrender before the Court below within six weeks from the order, the petitioners are to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Jandaha P.S. Case No.167 of 2024.

Ratio / Principle

The grant of bail is made subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted - Dowry death case (Ss. 304(B)/34 IPC), Jandaha P.S. Case No.167 of 2024, Vaishali: Petitioners, the mother-in-law and brother-in-law (bhaisur) of the deceased, apprehending arrest after a chargesheet was filed, were allowed anticipatory bail. Upon arrest or surrender before the Court below within six weeks, they are to be released on bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Counsel submitted that the petitioners lived separately, had no criminal antecedent, the postmortem indicated death by hanging, and the husband of the deceased had already been granted regular bail by this Court vide order dated 18.12.2024 in Cr.Misc.No.74899 of 2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68611 of 2024

Arising Out of PS. Case No.-167 Year-2024 Thana- JANDAHA District- Vaishali

======================================================

Rekha Devi @ Lakho Devi @ Lakhiya Devi W/o Awadhesh Kumar R/o vill - Rampur Ramhar, P.S. - Jandaha, Distt. - Vaishali

Kamlesh Kumar @ Kamlesh Paswan S/o Awadhesh Kumar R/o vill - Rampur Ramhar, P.S. - Jandaha, Distt. - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Priyesh Kumar, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

4 17-01-2025

Heard learned counsel for the petitioners and learned

A.P.P. for the State.

Petitioners apprehend their arrest in connection with Jandaha P.S. Case No.167 of 2024 instituted under Sections 304(B) and 34 of the Indian Penal Code.

As per prosecution case, the daughter of the informant was married to the son of petitioner no.1 about 12 years ago and they were blessed with three children out of their wedlock. The allegation is that the husband of the deceased including these petitioners killed the deceased due to nonfulfillment of demand of dowry.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.68611 of 2024(4) dt.17-01-2025 2/3

petitioners are innocent and have falsely been implicated in this case. Petitioners are mother-in-law and brother-in-law ( bhaisur ) of the deceased, respectively. He further submits that the marriage of the victim was solemnized about 12 years ago with the son of petitioner no.1 and from their wedlock, they have been blessed with three children and earlier there was no complaint against the petitioners and they never demanded dowry or tortured the victim. Petitioners were living separately since long and they have no concern with the family affairs of the deceased and her husband. The postmortem report shows that the death was caused due to the hanging. It appears that it is a case of suicide by the victim. After investigation, the chargesheet has been filed against the petitioners. It is further submitted that the husband of the deceased has already been granted regular bail by this Court vide order dated 18.12.2024 in Cr.Misc.No.74899 of 2024. The petitioners have no criminal antecedent and they undertake to cooperate in the trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks

Patna High Court CR. MISC. No.68611 of 2024(4) dt.17-01-2025 3/3

from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No.167 of 2024, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Harish/-

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