Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5292 of 2021 Arising Out of PS. Case No.-476 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

Rinku Devi W/O- Ranjit Yadav Alias Sanjit Yadav R/O Village- Ekdara. Ps - Khajauli, Dist Madhubani.

2.

Ranjit Yadav@Sanjit Yadav S/O- Late Dukhi Yadav Vill Ekdara. Ps Khajauli. Dist Madhubani.

3.

Ramsevak Yadav, s/o- Shankar Yadav Vill Ekdara. Ps Khajauli. Dist Madhubani.

4.

Ramadhin Yadav@Ramdin Yadavs/o- Late Sarjoo Yadav Vill Dholi Tole. Ps Jainagar. Dist Madhubani ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Masoom Alam For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners seeks permission of the Court to withdraw this application in respect of petitioner nos. 3 and 4 as they have been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner nos. 3 and 4.

Learned counsel for the petitioner nos. 1 and 2 is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of

Patna High Court CR. MISC. No.5292 of 2021(2) dt.29-07-2021 2/3 normalcy.

The petitioner nos. 1 and 2 are apprehending their arrest in a case registered under Sections 304(B), 201 and 34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner nos. 1 and 2 that they have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner nos. 1 and 2. The petitioner nos. 1 and 2 have falsely been implicated in the present case. The petitioner no. 1 is gotni and petitioner no. 2 is bhainsur, of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the State, it is submitted that the petitioner nos. 1 and 2 are named in the F.I.R. Considering the aforesaid facts and circumstances and also the lockdown, the petitioner nos. 1 and 2, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released

Patna High Court CR. MISC. No.5292 of 2021(2) dt.29-07-2021 3/3 on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Jainagar P.S. Case No. 476/2019-CRI No. 1790/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner nos. 1 and 2 shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T