Richa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41264 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -NAUBATPUR District- PATNA ======================================================
1. Richa Devi Wife of Late Rakesh Rai, Resident of Village Salarpur, P.S. Naubatpur, District Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prakash Chandra Agrawal For the Opposite Party/s : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.
The petitioner seeks bail in a case under Section 302/34 of the Indian Penal Code.
The informant is brother of the deceased and petitioner is wife of deceased, Rakesh Rai. The informant alleged that his brother was killed and his dead body was found in a lonely place.
The petitioner is not named in the FIR. After one year of death of her husband the petitioner solemnized marriage with cousin of deceased and second husband of the petitioner confessed his guilt and disclosed the name of the petitioner that
Patna High Court Cr.Misc. No.41264 of 2015 (2) dt.09-09-2015 2/2 the petitioner also conspired in killing of Rakesh Rai. Except confession no tangible material is collected. On the other hand, the learned counsel for the informant as well as the learned Additional Public Prosecutor submitted that the petitioner was having talk with the co-accused on the date of occurrence on several occasions. Considering the facts aforesaid and the fact that except confession there is no tangible material against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur, Patna in Naubatpur P.S. Case No. 81/2014.
(Prabhat Kumar Jha, J) BKS/- U T