Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20571 of 2024 Arising Out of PS. Case No.-116 Year-2023 Thana- BANKA District- Banka ====================================================== Rinku Devi S/o- Late Lakhan Lal Mandal village- Manjira Ps Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pratyush Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and counsel for the informant.

2. The petitioner seeks regular bail in connection with Banka P.S. Case No.116 of 2023 lodged under Sections 302 and 201 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is allegation of murder of informant's husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is such an unfortunate lady that she has been made accused in the murder of her husband. He submits that the petitioner is basically informant of the case and during investigation, police has inserted his name by virtue of confessional statement of co-accused who has been arrested on suspicion.

5. Counsel further submits that the name of the petitioner has been figured in this case only and only by virtue

Patna High Court CR. MISC. No.20571 of 2024(4) dt.05-07-2024 2/2 of suspicion and there is no eye witness of the case.

6. Counsel for the petitioner submits that petitioner is in custody since 22.11.2023 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail and submits that in the case diary, the material has come and by virtue of statement of co-accused Vivek Yadav, the recovery of weapons and other materials used in the crime, has been recovered by the police and it is the Vivek Yadav who has disclosed the name of the present petitioner that in the commission of crime she had equally participated.

8. In the present facts and circumstances of this case and the submissions made above and upon perusal of the case diary, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

9. However, trial court is directed to expedite the trial as early as possible.

(Dr. Anshuman, J.) Prakashmani/- U T