IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 3975 of 2011
1. Radhika Devi @ Rakhika Devi
2. Mundrika Ram .... .... .... Petitioners
Versus
The State of Jharkhand .... .... .... Opposite Party
CORAM : HON'BLE MR. JUSTICE H. C. MISHRA
For the Petitioners :Mr. Devesh Krishna, Advocate
For the State :Mr. H.K. Shikarwar, A.P.P.
03/12.07.2011
Heard learned counsel for the petitioners and learned A.P.P. for the
Prosecution.
The petitioners have been made accused in Manjhion (Kandi) P.S. Case
No. 02 of 2009 corresponding to G.R. No. 18 of 2009 for the offence under Section
302 of the Indian Penal Code.
The petitioners are the motherinlaw and fatherinlaw of the
deceased. The F.I.R. was lodged by the mother of the deceased stating that the
deceased was being subjected to cruelty and torture as she was ugly. Ultimately, the
accused persons including the petitioners had committed the murder of the
deceased.
Learned counsel for the petitioner has submitted that the petitioners
have been falsely implicated in this case. It has been submitted that the witnesses
have stated before the police that the deceased died due to snake bite when she had
gone for nature’s call. From the postmortem report, it appears that no definite
opinion of death was given. The viscera was preserved. It is further submitted that
the even the inquest report shows that there was one wound in right leg of the
victim. Learned counsel for the petitioner accordingly prayed for bail.
Learned A.P.P. has opposed the prayer for bail.
From the impugned order, it is apparent that the witnesses stated that
victim died due to snake bite and from the case diary and inquest report it appears
that there was a wound in the right leg of the deceased.
In the aforesaid facts of this case, I am inclined to enlarge the
petitioners on bail. Accordingly, the petitioners, Radhika Devi @ Rakhika Devi and
Mundrika Ram, are directed to be released on bail, on furnishing bail bonds of Rs.
10,000/ (Rupees Ten thousand) each with two sureties of the like amount each, to
the satisfaction of learned Chief Judicial Magistrate, Garhwa in connection with
Manjhion (Kandi) P.S. Case No. 02 of 2009 corresponding to G.R. No. 18 of 2009.
(H. C. Mishra, J.)
Anit