Patna High CourtCR. MISC./18568/2017rejected

Rinku Devi v. The State Of Bihar

2017-06-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18568 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -BHAGWANGANJ District- PATNA ======================================================

1. Rinku Devi Wife of Vidyasagar Singh, Resident of Village-Kewta Davapur, P.S.-Bhagwanganj, Distt.-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 328, 302 and 120B of the Indian Penal Code.

According to First Information Report, the husband of the informant was willing to sell some immovable property to get her daughter married. The husband of this petitioner is son of the informant. Allegation is that husband of this petitioner Vidyasagar Singh and the petitioner were opposing the proposal. However, the husband of the informant was negotiating with some people, for that reason allegation is that the petitioner and her husband administered poison to the husband of the informant as a result whereof he died. The informant claims to be the eye-witness

Patna High Court Cr.Misc. No.18568 of 2017 (3) dt.22-06-2017 2/2 of the occurrence.

Learned counsel for the petitioner submits that the deceased in his dying declaration has not alleged anything against the petitioner which would be evident from his statement wherein he stated to her son Vidyasagar Singh that he would face consequences of his act.

Considering the background and nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Bhagwanganj Police Station Case No. 58 of 2016 pending in the court of learned Judicial Magistrate-1st Class, Masaudhi.

However, prayer for regular bail of the petitioner shall be disposed of without being prejudiced by this order and considering the fact that she is a female.

(Birendra Kumar, J) Kundan/- U T