Rina Kumari @ Rina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22682 of 2020 Arising Out of PS. Case No.-349 Year-2018 Thana- SAHPUR District- Patna ====================================================== RINA KUMARI @ RINA DEVI Wife of Uday Kumar Daughter of Kesho Rai, Resident of Village - Hanumanganj, P.S.- Shahpur, District - Patna. Presently residing at Village - Leela Tola, Reva, P.S.- Maner, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar For the Opposite Party/s :
Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Shahpur PS case no. 349 of 2018 registered for the offences punishable under Section 304B/34 of Indian Penal Code.
The allegation is regarding the marriage of the deceased daughter of the informant having been solemnized as per Hindu rites and rituals, whereupon she had gone to her in-laws' place, however subsequently, she was being tortured on
Patna High Court CR. MISC. No.22682 of 2020(2) dt.30-09-2020 2/3 account of non-fulfilment of the demand for dowry and finally, the accused persons including the petitioner herein, who is the married sister-in-law of the deceased victim lady and stays with her husband at her matrimonial house, are alleged to have sprinkled kerosene oil on the body of the daughter of the informant and lit her on fire causing her death on account of serious burn injuries.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted by referring to paragraph no. 11 of the present petition that the husband of the deceased victim lady has already surrendered and is in custody. It is further submitted that as far as the petitioner is concerned, she is the married sister-inlaw of the deceased victim lady and lives with her husband in her matrimonial home, hence has got nothing to do with either the affairs of her brother or her sister-in-law. Per contra, the learned APP for the State vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the
Patna High Court CR. MISC. No.22682 of 2020(2) dt.30-09-2020 3/3 petitioner is the married sister-in-law of the deceased victim lady and stays separately in her matrimonial home, apart from the fact that the husband of the deceased victim lady is in custody, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Danapur in connection with Shahpur PS case no. 349 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T