Rinku Bhushan Singh @ Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43586 of 2023 Arising Out of PS. Case No.-54 Year-2020 Thana- BELSAND District- Sitamarhi ====================================================== Rinku Bhushan Singh @ Rinku Devi, aged about 43 years (Female), wife of Chandra Bhushan Singh, resident of Village- Seropatti, P.O- Tariyani Chhapra, P.S- Belsand, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dharmshila Devi, W/O Late Ashok Kumar Singh, R/O Village and P.OThathopur, P.S.- Baheri, Distt.- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar Jha, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Belsand PS Case No. 54 of 2020 dated 25.05.2020, instituted under Sections 304-B, 201/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. The prosecution case, in short, is that marriage of the informant's daughter was performed with co-accused Shashi Kumar Singh on 29.06.2009. She was subject to cruelty by the petitioner and other co-accused persons on account of nonfulfillment of demand of dowry. It is further alleged that on 22.05.2020 the informant received information on her mobile
Patna High Court CR. MISC. No.43586 of 2023(2) dt.04-08-2023 2/3 about the death of her daughter upon which she went to Sasural of her daughter and found the accused persons preparing for her cremation.
4. Learned counsel for the petitioner submits that the petitioner is the wife of elder brother of the husband of deceased. It is further submitted that from the perusal of the FIR, it is evident that there is no specific allegation against the petitioner. The allegation is general and omnibus. It is further submitted that the date of occurrence is 22.05.2020, whereas the FIR has been lodged on 25.05.2020. Learned counsel further submits that co-accused, Ram Dayal Singh, who is the father-inlaw of the deceased, has been granted anticipatory bail by the Court below itself by order dated 27.03.2023 in ABP No. 171 of 2023. The petitioner is a lady and has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in Belsand PS Case No. 54
Patna High Court CR. MISC. No.43586 of 2023(2) dt.04-08-2023 3/3 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T