Rukmini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31365 of 2017 Arising Out of PS.Case No. -50 Year- 2013 Thana -NARHAT District- NAWADA ====================================================== Rukmini Devi, wife of Nawal Singh, r/o village Sinduari, P.S. Narhat, Distt. Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Narhat P.S. Case No. 50 of 2013 (G.R. No. 832 of 2013) instituted for the offence under Sections 328, 302 and 34 of the Indian Penal Code. The petitioner is said to be the mother-in-law of the deceased.

It has been submitted that father-in-law of the deceased Nawal Kishore Singh faced trial in Sessions Trial No. 367 of 2016 and he has been acquitted.

From the impugned order it appears that investigation of this petitioner is still pending before the police since year 2013 which is really a matter of surprise.

The petitioner is an old lady. Accordingly, the prayer for anticipatory bail of the petitioner is allowed. In the event of

Patna High Court Cr.Misc. No.31365 of 2017 (3) dt.25-07-2017 2/2 surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Narhat P.S. Case No. 50 of 2013, G.R. No. 832 of 2013, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T