Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42065 of 2022 Arising Out of PS. Case No.-258 Year-2018 Thana- DESARI District- Vaishali ====================================================== 1.

RINKU DEVI W/o Bhola Rai @ Nagendra Rai Resident of Village - Mahua Makandarpur, P.s.- Mahua, Distt.- Vaishali.

2.

Bhola Rai @ Nagendra Rai Son of late Bilash Rai Resident of Village - Mahua Makandarpur, P.s.- Mahua, Distt.- Vaishali. 3.

Baby Devi @ Rani Devi W/o Ranjeet Ray Resident of Village - Bajitpur, Chakasturi Tola, Chakwa, Ward no.11, P.S.- Desri, Distt.- Vaishali. 4.

Kamini Devi W/o Tuntan Rai Resident of Village - Bajitpur, Chakasturi Tola, Chakwa, Ward no.11, P.S.- Desri, Distt.- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

Allegedly, the petitioners in association with their family members killed the daughter of the informant by giving her poison, on account of non-fulfillment of demand for dowry.

Patna High Court CR. MISC. No.42065 of 2022(3) dt.05-12-2022 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the in-laws of the deceased. There is no specific overt act against the petitioners. He further submits that the husband of the deceased has already surrendered before the learned court below. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is general and omnibus allegation against the petitioners, 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 court below where the case is pending/Successor Court in connection with Desari (Sahdei OP) P.S. Case No.258

Patna High Court CR. MISC. No.42065 of 2022(3) dt.05-12-2022 3/3 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T