Rinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39513 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Rinki Kumari W/o Late Sanjay Kumar @ Sanjay Yadav Resident of Village58, Nooranibagh Colony, Guljarbagh, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishan Jha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Industrial Area P.S. Case No. 158 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the F.I.R., the deceased was shot dead by two unknown miscreants and F.I.R. was lodged against unknown. Name of the petitioner, who is wife of the deceased, has come during course of investigation.

It is submitted on behalf of petitioner that in fact, after funeral of husband of the petitioner, which was performed by her son, there was some dispute between the family members over partition of share, as a result of which, the informant, who is brother-in-law (Devar) of the petitioner, in collusion with

Patna High Court CR. MISC. No.39513 of 2021(2) dt.14-12-2021 2/2 police, has falsely implicated this petitioner and on the basis of self-confessional statement of petitioner, she has been made accused in this case. Save and except confessional statement, there is no other material against this petitioner to show her involvement in the aforesaid crime and she is in custody since 10.01.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as the fact that petitioner is lady and she is in custody since 10.01.2021, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 158 of 2020.

(Prabhat Kumar Singh, J) anay/- U T