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Patna High CourtCR. MISC./2311/2022disposed

Rekha Devi v. The State Of Bihar

2022-08-04Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2311 of 2022 Arising Out of PS. Case No.-78 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== REKHA DEVI W/o Rajju Meera R/o village- Mishrwa Tola, P.S.- Barahiya, District- Lakhisarai ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinav Kumar Singh, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-08-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as Mr. J.N. Thakur, learned APP for the State.

The petitioner apprehends his arrest in connection with Barahiya P.S. Case No. 78 of 2021, registered for the offences punishable under Sections 302, 201 & 34 of the Indian Penal Code.

The accused persons including the petitioner forcibly got seated the father of the informant in a four-wheeler at the point of pistol. After some time the informant came to know that the dead body of his father way lying in village Indupur. He

Patna High Court CR. MISC. No.2311 of 2022(2) dt.04-08-2022 2/3 went there and found the dead body of his father. Four fire shots were there at the dead body.

The learned counsel for the petitioner has submitted that few days prior to the occurrence there were some dispute between the husband of the petitioner and one Chunchun Singh had taken place and due to that case the petitioner has falsely been implicated in this case. Learned counsel for the petitioner has also submitted that the husband of the present petitioner has been granted regular bail by the coordinate Bench of this Court. Seven accused persons including the wife of Rajju Mira, the present petitioner, have been named in the FIR. There is specific allegation that they at the point of pistol took away the father of the informant by a four-wheeler and after some time the dead body was found.

Considering the above-mentioned facts and circumstances, the petitioner is directed to surrender before the court below and make a prayer for regular bail. The husband of the petitioner has been granted regular bail by the coordinate Bench of this Court and I do not see any reason as to why the same benefit should not be granted to the present petitioner. With these observations, the criminal miscellaneous petition is disposed of.

Patna High Court CR. MISC. No.2311 of 2022(2) dt.04-08-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T