Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59485 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- NAGARNAUSA District- Nalanda ====================================================== Rinku Devi, Wife of Anuj Gope, resident of Village- Sadu Bigha, P.S. Nagar Nausa, Dist.- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-10-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner seeks bail in Nagarnausa P.S. Case No. 79 of 2018 registered for the offence punishable under Sections 147, 148, 149, 447, 337, 341, 323, 302, 504 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in his written complaint has stated that when his Bhabhi was working in Gaushala, petitioner along with FIR named accused variously armed with rifle and pistol came there and started abusing which was objected by his Bhabhi then Shyam Gope fired upon her from his pistol which hit the knee of her right leg and on account of which she fell down and when the Informant's son came to save her, then petitioner gave rifle to Anuj Gope and ordered to fire upon

Patna High Court Cr.Misc. No.59485 of 2018(3) dt.30-10-2018 2/3 which he fired which hit the neck of the Informant's son on account of which he fell and was taken to Hospital where he was declared brought dead.

It has been submitted on behalf of the petitioner that petitioner is a lady and the allegation against her is of giving rifle to her husband and giving order to fire. Petitioner has got no criminal antecedent and is in custody since 27.07.2018. Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM, Hilsa, Nalanda, in connection with Nagarnausa P.S. Case No. 79 of 2018, with following conditions:- '

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.59485 of 2018(3) dt.30-10-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U