Rekha Devi @ Rekha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31320 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== 1.
Rekha Devi @ Rekha Kumari Wife Of Dinesh Ram Resident Of VillageKukurbhukka, Ps- Nawanagar (BASUDEVA O.P.) ,DISTT- Buxar 2.
Kabutari Devi Wife Of Ranglal Ram Resident Of Village- Kukurbhukka, PsNawanagar (BASUDEVA O.P.) ,DISTT- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar For the Opposite Party/s :
Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
3. Allegation against the petitioners is that they in association of other co-accused persons committed murder of deceased by hanging with rope in her neck.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that petitioner no. 1 is Gotini and petitioner no. 2 is mother-in-law of the deceased and are residing separately having no concern with the conjugal affairs of deceased and her husband. He further submits that during investigation the Supervisory
Patna High Court CR. MISC. No.31320 of 2023(2) dt.20-07-2023 2/2 Authority also not found the case true under Section 302/34 of the I.P.C. and observed that it is a case of under Section 306 of the I.P.C. as recorded in paragraph no. 33 of the case diary. He also submits that the children of the deceased in their statement under Section 164 of the Cr.P.C. have not supported the prosecution case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nawanagar (Basudeva O.P.) P.S. Case No.19 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T