Rinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23233 of 2019 Arising Out of PS. Case No.-215 Year-2018 Thana- DARAUNDA District- Siwan ====================================================== 1.

RINKI DEVI D/o Late Parmeshwar Mahto Resident of Village- Bagaura, P.S.- Daraunda, District- Siwan 2.

Most. Ramawati Devi W/o Late Parmeshwar Mahto Resident of VillageBagaura, P.S.- Daraunda, District- Siwan 3.

Om Prakash Mahto Son of Late Parmeshwar Mahto Resident of villageBagaura, P.S.- Daraunda, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-07-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners in the present case are married Nanad, mother-in-law and dewar respectively of the deceased who are seeking anticipatory bail in connection with Daraunda P.S. Case No. 215 of 2018 registered for the offences punishable under Sections 304B/201/34 of the Indian Penal Code. Learned counsel for the petitioners submits that so far as these petitioners are concerned, there are only general stereo type allegations against them and in course of investigation no material could be collected by the Investigating Officer to support the allegations against these petitioners.

Patna High Court CR. MISC. No.23233 of 2019(3) dt.23-07-2019 2/3 It is submitted that petitioner no. 1 is the married Nanad of the deceased against whom the allegation is that she used to tell to beat the deceased. Learned counsel submits that so far as husband is concerned, he is already in custody as he voluntarily surrendered in the court below on 20.11.2018. Learned APP for the State has read out the further statement of the informant who is brother of the deceased. Learned APP has submitted that in his further statement the informant has made allegations mainly against the husband of the deceased who is said to have / had taken away the deceased to the State of Punjab where he was working and tortured her and then had also sold one of the children. It is stated that no independent witness has come forward to support the allegation against these petitioners.

Considering the facts and circumstances of the case where no independent material seems to have been collected by the Investigating Officer against these petitioners who are no doubt near relations, kith and kin of the husband of the deceased but seems to have been made accused by making a general allegation that they were torturing the deceased, let the petitioners above named in the event of their arrest or surrender in connection with Daraunda P.S. Case No. 215 of 2018 within

Patna High Court CR. MISC. No.23233 of 2019(3) dt.23-07-2019 3/3 a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VI, Siwan, subject to the condition as laid down under Section 438 (2) Cr.P.C. and the petitioners shall appear in course of trial on each and every date fixed in trial and two consecutive failure of the petitioners to attend the trial would lead to cancellation of their bail bonds by the court below itself.

(Rajeev Ranjan Prasad, J) avin/- U T