Rinku Devi v. The State Of Bihar

1234IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42656 of 2022 Arising Out of PS. Case No.-254 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Rinku Devi Wife Of Prem Chand Mahto Resident Of Village - Usfa, P.S.- Gaurichak, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 384, 386 and 387 read with 34 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, one revolver and 9 live cartridges of 7.65mm were recovered under the bed of rented room of the petitioner and co-accused Prem Chand Mahto. Four pistols, 6 live cartridges of 3.5 bore, one magazine of Italian

Patna High Court CR. MISC. No.42656 of 2022(8) dt.07-02-2023 2/3 pistol, 8 empty magazines, five mobile phones and cash of Rs. 2,51,000/- were recovered from the almirah of the co-accused person Prem Chand Mahto.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is a lady who has no knowledge about the said arms. The petitioner is the wife of the co-accused person Prem Chand Mahto. The main allegation of recovery is against the co-accused person Prem Chand Mahto. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the petitioner being a lady, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna City, Patna in connection with Gaurichak P.S. Case No. 254 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.42656 of 2022(8) dt.07-02-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T