Rani Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.28709 of 2016 (2) dt.19-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28709 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -DARAUNDA District- SIWAN ======================================================

1. Rani Devi Wife of Vivek Kumar Singh @ Lala, Resident of VillageKutubpur, P.S.- Hajipur Sadar, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amitabh Choubey For the Opposite Party/s Mr. Shailendra Kumar Singh For the informant : Ms Archana Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner being lady is languishing in jail since 4.3.2016 in a case initially, registered under sections 364/120B of the Indian Penal Code sub subsequently, section 302/34 of the Indian Penal Code was also added.

The accusation against the petitioner is that she along with nine FIR named accused kidnapped informant's son and it is informed on behalf of the petitioner that dead body of the victim was recovered from a field.

Submission on behalf of the petitioner is that deceased was accused in Daraunda P.S. Case no. 88/2015 which had been lodged by husband of the petitioner in respect of kidnapping of his daughter and

Patna High Court Cr.Misc. No.28709 of 2016 (2) dt.19-07-2016 this the reason of false implication of the petitioner and others in the present case. It is further submitted that first information report reflects that informant is not an eye -witness of the alleged occurrence. Learned counsel appearing for the informant submits that it is case of honour killing and, as a matter of fact, the petitioner also participated in kidnapping and murder of the victim of the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Daraunda P.S. Case no. 34/2016.

shahid (Hemant Kumar Srivastava,J) U T