Rinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48356 of 2021 Arising Out of PS. Case No.-103 Year-2019 Thana- DHANARUA District- Patna ====================================================== RINKI DEVI W/o- LATE SADAN SAH Resident of Village- Moriyawa, P.S.- Dhanrua, Dist- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that he saw the petitioner holding the handkerchief in the mouth of her husband while co-accused Shivmangal Kumar struck with the hammer on his head leading to the death of the informant's brother.

It is submitted by learned counsel for the petitioner that the petitioner who happens to be the wife of the deceased has been falsely implicated in the case by the elder brother of her husband for oblique reasons. The petitioner happens to be the poor widow of the deceased. The specific allegation of

Patna High Court CR. MISC. No.48356 of 2021(4) dt.23-03-2022 2/2 assault is against Shivmangal Kumar. The petitioner who is a lady is in custody since 14.3.2019 and undertakes to cooperate in the trial.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioner having remained in custody for more than 3 years, the Court directs the petitioner to be enlarged on bail in connection with Dhanrua P.S. Case no. 103 of 2019 corresponding to G.R. no. 270 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge IX, Masaurhi, District-Patna.

(Partha Sarthy, J) Prakash/- U