Ruchi Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12493 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Ruchi Kumari D/o Sharma Yadav R/o vill - Haraiya, P.S. - (Haraiya O.P), Raxaul, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-03-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Raxaul (Haraiya O.P.) Police Station Case No. 292 of 2023, disclosing offences under Sections 302, 201, 34 of the Indian Penal Code.
3. As per the First Information Report, on 16.06.2023, Vikash Yadav i.e., brother of the informant, went out from his house but did not return back. Upon search, informant came to know that dead body of his brother has been found in the village-Ekdarwa. Earlier, informant's brother was residing at his relative's place where he developed love affair with one Ruchi Kumari and when the informant came to know about his brother's love affair, he
Patna High Court CR. MISC. No.12493 of 2024(2) dt.14-03-2024 2/3 brought his brother back to his house and solemnized his marriage. Despite informant's brother marriage, Ruchi Kumari used to make telephonic calls to him. It is alleged that Ruchi Kumari, along with all the FIR named accused persons and her family members, committed murder of informant's brother and threw his dead body in the village-Ekdarwa.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and is a lady and she has falsely been implicated in the present case due to suspicion. There is an inordinate delay of two days in lodging of the FIR. He further submits that informant is not an eyewitness to the occurrence and there is no eye-witness to the occurrence.
5. I have heard the submission of learned counsel for the parties and perused the materials on record. In para 42 of the case diary, it is mentioned that last call to the deceased is of the petitioner. In para 61, it is mentioned that in the CCTV footage two persons were seen on a motorcycle coming from the house of Sharma Yadav/father of the accused/petitioner and the person riding motorcycle seems like Sharma Yadav and the pillion rider was
Patna High Court CR. MISC. No.12493 of 2024(2) dt.14-03-2024 3/3 holding a bag. Taking into consideration all the materials available in the case diary and gravity of the offence, I am not inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T