Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18247 of 2023 Arising Out of PS. Case No.-404 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== RINKU DEVI D/O MOTILAL RAY R/O VILLAGE- SALEMPUR WARIYARPUR, P.S. AND DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Vaishali P.S. Case No. 404 of 2022, registered for the offences punishable under Sections 498A, 304B, 201/34 of the Indian Penal Code.

At the outset, learned counsel for the petitioner has submitted that though the fact that the petitioner is a lady of clean antecedent was not mentioned in the paragraph No. 3 of the bail petition, but this defect was rectified by filing supplementary affidavit.

As per allegation, the marriage of Sangita Kumari (deceased) was solemnized with brother of the petitioner. Two

Patna High Court CR. MISC. No.18247 of 2023(2) dt.29-03-2023 2/3 female child were born out of wedlock of the couple. The husband and matrimonial inmates inflicted satirical remarks as she was not blessed with male child and on 14.10.2022, the accused persons named in the FIR including the petitioner killed the deceased and disappeared her dead-body.

The learned counsel for the petitioner has submitted that she is married Nanad (Sister-in-law) of the deceased, having no concern with day to day affairs of husband and wife. She is a resident of another village and she has falsely been implicated merely because she is sister of husband of the deceased. She is a lady of clean antecedent and under custody since 31.12.2022. A separate affidavit has been filed by the petitioner that she is pregnant.

Considering the above-mentioned facts and circumstances as well as clean antecedents, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 404 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the

Patna High Court CR. MISC. No.18247 of 2023(2) dt.29-03-2023 3/3 court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T