Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34650 of 2016 Arising Out of PS.Case No. -447 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Rinku Devi, wife of Dineshwar Singh, resident of village- Basuhara, P.S Sasaram Mufassil, District Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jitendra Prasad Singh For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-09-2016 Heard Sri Jitendra Prasad Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is a lady, apprehending her arrest in Sasaram Town( Mufassil) P.S. Case No.447 of 2016 registered for the offence under Section 324, 307 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail in the event of her arrest or surrender. By way of referring to the F.I.R., learned counsel for the petitioner submits that the informant in the F.I.R. has made specific accusation against the husband of the petitioner that he fired, which hit the informant causing injury and after committing the occurrence, as per F.I.R., the accused Dineshwar Singh along with this petitioner and child fled away. He submits that there was

Patna High Court Cr.Misc. No.34650 of 2016 (2) dt.08-09-2016 2/2 specific accusation in the F.I.R. that the husband of the petitioner had participated in the occurrence and there was no accusation against the petitioner to play any role, however subsequently during investigation with a view to implicate the petitioner also, the informant, who is none else but own brother of the husband of the petitioner, has named the petitioner as accused in the present case.

Keeping in view the nature of accusation as well as the fact that in the F.I.R. there was specific accusation against the husband of the petitioner, who has participated in the occurrence, the Court is of the opinion that the petitioner is entitled to extend the privilege of anticipatory bail. Accordingly, let the petitioner, Rinku Devi , in the event of her arrest or surrender within six weeks from today , be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram , Rohtas in connection with Sasaram Town( Mufassil) P.S. Case No.447 of 2016, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T