Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18406 of 2023 Arising Out of PS. Case No.-37 Year-2013 Thana- MAHILA THANA District- Begusarai ====================================================== RINKU DEVI Wife of Arvind Sahni R/V- Kardia P.S- Bhagwanpur, DistBegusarai ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Kumar, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-06-2023 At the outset, learned counsel for the petitioner seeks permission to expunge the name of opposite party no. 2 from the records. Learned counsel for the State has no objection to the same.

In the circumstances, let the name of opposite party no. 2 be expunged from the records.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Begusarai Mahila P.S. Case No. 37/2013 registered for the offences punishable under Sections 3 & 4 of the Dowry Prohibition Act and Sections 498A, 494/34 of the Indian Penal Code. She has no criminal antecedent as stated in paragraph '3' of the application.

As per the prosecution story, the informant has

Patna High Court CR. MISC. No.18406 of 2023(2) dt.07-06-2023 2/3 alleged that her marriage was solemnized in the year 2004 with Ram Kumar Sahni according to Hindu rituals, thereafter the family members of her husband was demanded dowry and started torturing her. She alleged that she has two children out of the wedlock.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that this petitioner is the sister-in-law (Nanad) of the informant and she is living in her in-law's house. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is submitted that this petitioner is the sister-inlaw (Nanad) of the informant and she has been falsely implicated in this case even as she is living in her sasural in the in-law's house, she has otherwise no criminal antecedent, in the circumstances this Court directs that in case of her arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai, in connection with Begusarai Mahila P.S. Case No.

Patna High Court CR. MISC. No.18406 of 2023(2) dt.07-06-2023 3/3 37/2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J.) Rajeev/- U T