Rani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14171 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- NAVINAGAR District- Aurangabad ====================================================== RANI DEVI W/o Birbal Paswan, R/o village- Budhibandh, P.S.- Nabinagar, District- Aurangabad (Bihar).
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Leelawati Kumari Mr Aman Vishal For the Opposite Party/s :
Mr. Nand ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-01-2022 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State through video conferencing.
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
The petitioner apprehends her arrest in connection with Nabinagar P.S. Case No. 235 of 2020 registered for offence punishable under sections 328, 302, 34 of the Indian Penal Code.
The informant Krishna Paswan, who is brother of deceased Prabha Devi, lodged FIR stating therein that the marriage of his sister was solemnized with accused Birbal
Patna High Court CR. MISC. No.14171 of 2021(2) dt.12-01-2022 2/3 Paswan. Birbal Paswan used to torture her (deceased) and always asked her that she was not able to be kept in his house. He has further alleged that on 22.10.2020, Birbal Paswan and the present petitioner, who is second wife of Birbal Paswan, committed murder of deceased Prabha Devi by administering her poison.
The learned counsel for the petitioner has submitted that the present case has been lodged merely on the basis of suspicion. It is admitted fact that the petitioner, Rani Devi is second wife of Birbal Paswan and it has also been submitted that the second marriage of Birbal Paswan with the petitioner was solemnized in the year 2015, as Birbal Paswan had no issue from first wife. The learned counsel has also submitted that in this six years, there is no allegation of torture to decease by the hands of the petitioner or her husband. He has also submitted that co-accused Birbal Paswan has transmitted information of death of the deceased to her native members.
FIR shows that the informant has levelled allegation against Birbal Paswan that he always used to torture the deceased and he has solemnized his second marriage with the present petitioner. There is specific allegation in the FIR itself shows that the present petitioner along with her husband Birbal
Patna High Court CR. MISC. No.14171 of 2021(2) dt.12-01-2022 3/3 Paswan administered poisonous substance to the deceased Prabha Devi.
In these circumstances, in my view, it is not a fit case for anticipatory bail and accordingly the prayer for anticipatory bail is hereby rejected.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) Mahesh/- U T