Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26614 of 2020 Arising Out of PS. Case No.-435 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

RINKU DEVI Wife of Sudhanshu Singh R/o- Bhagwatipur, P.S.- Shahpur, District - Patna 2.

Sudhanshu Singh Son of Late Shivdhar Singh R/o- Bhagwatipur, P.S.- Shahpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.B.N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 307 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court CR. MISC. No.26614 of 2020(2) dt.05-11-2020 2/3 Prosecution case, in short, is that the accused perosns including the petitioners reached at the place of occurrence and co-accused Kanhaiya Kumar and Hari Om Kumar fired from their pistol on the informant which hit in his both arm. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is a lady. General and omnibus allegation has been made. It is a case and counter case between the parties. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. Specific allegation of assault is alleged against the co-accused, namely, Kanhaiya Kumar and Hari Om Kumar.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.26614 of 2020(2) dt.05-11-2020 3/3 like amount each to the satisfaction of A.C.J.M., Danapur, Patna in connection with Shahpur P.S. case No.435 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T