Radhika Devi vs The State Of Bihar
2021 Latest Caselaw 2940 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36613 of 2020
       Arising out of PS. Case No.-269 Year-2019 Thana- KAKO District- Jehanabad
======================================================

Radhika Devi, (Age -38 Years, Gender-Female) Wife of Siya Ram Yadav Resident of Village - Mahamadpur, P.S.- Kako, District - Jehanabad.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :        Mr. Gajendra Kumar Singh, Advocate
For the State            :        Mr. Ajay Kumar Jha, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-07-2021 The matter has been heard via video conferencing.

2. Heard Mr. Gajendra Kumar Singh, learned counsel for

the petitioner and Mr. Ajay Kumar Jha, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Kako PS Case No. 269 of 2019 dated 20.10.2019, instituted under

Sections 147/149/341/307/379/504/506 of the Indian Penal Code.

4. The allegation against the petitioner is that she along

with other family members had assaulted the informant and his

sister and specifically against the petitioner is that she along with

co-accused Santosh Yadav had dragged the uncle of the informant

towards the house with intention to kill and that another co-

accused snatched gold locket from the neck of the informant and Patna High Court CR. MISC. No.36613 of 2020 dt.01-07-2021

the reason was that there was dispute regarding partition between

them.

5. Learned counsel for the petitioner submitted that

besides the petitioner being a lady and having no criminal

antecedent, the parties are agnates and there is land dispute

regarding partition of ancestral property, which is admitted in the

FIR. It was submitted that even as per the FIR, the only allegation

against the petitioner is that she along with the co-accused Santosh

Yadav had dragged the informant's uncle towards their house with

intention to kill.

6. Learned APP submitted that the petitioner had also

participated actively in the crime. However, it was not

controverted that the only allegation against her is that she along

with co-accused Santosh Yadav had dragged Binod Yadav, who is

uncle of the informant, towards their house with intention to kill.

7. Having considered 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 from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

Additional Chief Judicial Magistrate 1st, Jehanabad in Kako PS Patna High Court CR. MISC. No.36613 of 2020 dt.01-07-2021

Case No. 269 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and bailors shall execute bond and

give undertaking with regard to good behaviour of the petitioner

and (iii) that the petitioner shall cooperate with the Court and

police/prosecution. Any violation of the terms and conditions of

the bonds or the undertaking or failure to cooperate shall lead to

cancellation of her bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Vikash/-

AFR/NAFR U T