Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38450 of 2016 Arising Out of PS.Case No. -391 Year- 2015 Thana -TURKAULIYA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Rita Devi, wife of Birendra Sah, resident of Village- Hardia, P.O.+P.S.- Turkauliya, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pravin Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 363, 366A/372 and 120B of the Indian Penal Code registered in connection with Turkauliya P.S. Case No. 391 of 2015.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of the land dispute between the parties relating to plot no. 472 in village Gobindpur. The petitioner is a lady with clean antecedent and is not a family member of accused Sikandar Sahani and his mother Marachoo Devi against whom the main accusation has been made. No specific role whatsoever has been assigned to the petitioner. It is further submitted that since charge sheet has already been submitted in the case, there is no chance of tampering with the evidence

4. Learned APP for the State opposes the anticipatory bail petition on the basis of the case diary.

5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted

Patna High Court Cr.Misc. No.38450 of 2016 (3) dt.18-01-2017 2/2 to the petitioner by order dated 17.09.2016 by this Court in connection with Turkauliya P.S. Case No. 391 of 2015 pending in the Court of learned Chief Judicial Magistrate, Motihari, East Champaran is hereby confirmed, subject to the conditions as laid down in the aforesaid order dated 17.09.2016. (Vikash Jain, J) B.T/Chandran U T