Rinku Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.59004 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59004 of 2018 Arising Out of PS.Case No. -80 Year- 2018 Thana -NAGARNAUSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Rinku Devi W/o Anuj Gope, R/o Vill.- Sadu Bigha, P.S.- Nagarnausa, Distt.- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner who is languishing in judicial custody since 13.07.2018 seeks bail in connection with Nagarnausa P.S. Case No. 80 of 2018 for offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

The prosecution case, as lodged by the police personnel is that on information that accused Anuj Gope has concealed rifle and cartridges in his house, the police conducted a raid and apprehended the petitioner along with another co-accused while co-accused Anuj Gope fled away. From possession of the petitioner one country made rifle was recovered and from possession of another co-accused Supriya Kumari 15 live cartridges were recovered.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.59004 of 2018 (2) dt.28-09-2018 petitioner that she is innocent and has falsely been implicated in this case. He submits that no overt act has been conducted by the petitioner and that she is languishing in judicial custody since nearly 2 and 1⁄2 months , bears no criminal antecedent. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was caught red handed with the rifle by the police.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of four months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda, in connection with Nagarnausa P.S. Case No. 80 of 2018 subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) sushma/- U T