Rina Devi @ Rani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27387 of 2023 Arising Out of PS. Case No.-161 Year-2022 Thana- RUPAULI District- Purnia ====================================================== RINA DEVI @ RANI DEVI wife of Late Garib Paswan R/o- Ashokapa PsRupauli Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bidhu Ranjan For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Session Trial No. 442 of 2022, arising out of Rupauli P.S. Case No. 161 of 2022, registered for the offences punishable under Sections 147, 148, 149, 302, 504 and 506 of the IPC and Section 27 of the Arms Act.
As per allegation, co-accused Sunil Paswan killed the husband of the informant by causing gunshot injury. The allegation against the petitioner is of abusing the informant and her husband.
Learned counsel for the petitioner submits that the
2/4 petitioner is innocent and has falsely been implicated in this case. He further submits that there is no specific allegation against the petitioner and the petitioner is a seventy two years old lady.
He further submits that the petitioner has been languishing in jail since 21.06.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, learned APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of 10,000/- (Ten Thousand) with two sureties of ₹ the like amount each to the satisfaction of learned A.D.J.-III, Purnea, in connection with Session Trial No. 442 of 2022, arising out of Rupauli P.S. Case No. 161 of 2022, on the
3/4 following conditions:
(i) The petitioner will make herself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of her absence or non-cooperation. She must be available to the police or the court whenever her presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has concealed her criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing her and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is
4/4 wrong, learned court below shall cancel the bail bonds of the petitioner.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) Amrendra/- U T