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Patna High CourtCR. MISC./51832/2022bail granted

Rinki Devi v. The State Of Bihar

2023-01-12Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51832 of 2022 Arising Out of PS. Case No.-291 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== 1.

RINKI DEVI W/o Rajeev Kumar Resident of Mohalla New Jakkanpur, P.S.- Jakkanpur, District- Patna 2.

Satish Kumar S/o Bashudeo Rai @ Vasudev Rai Resident of Mohalla New Jakkanpur, P.S.- Jakkanpur, District- Patna 3.

Bashudeo Rai @ Vasudev Rai S/o Late Mahendra Rai Resident of Mohalla New Jakkanpur, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan,Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Jakkanpur P.S. Case No. 291 of 2022 for the offence registered under Sections 147, 149, 341, 323, 504 and 353 of the Indian Penal Code.

As per the prosecution story, accused Rajiv Kumar husband of petitioner no. 1, Rinki Devi's was wanted in connection with Jakkanpur P.S. Case No. 367 of 2021 under Section 406, 420, 506 and 34 of the Indian Penal Code and when the police reached his house and apprehended him, the

Patna High Court CR. MISC. No.51832 of 2022(2) dt.12-01-2023 2/3 family members objected to it and facilitated his escape. Accordingly, the FIR was lodged.

Learned counsel for the petitioners submit that though the police raided the houses but having not found the accused, Rajiv Kumar in the house, infuriated by that made every family member of his house as accuseds necessitating this present petition.

Learned APP for the State submits that petitioners have tried to obstruct the police from arresting the accused, Rajiv Kumar and as such, opposes the prayer for anticipatory bail.

Taking into account the fact that the petitioners are family members, petitioner no. 3 is an aged person of 72 years while petitioner no. 1 is a lady and they will be cooperating with the police as and when required during the course of investigation and will be diligently appearing in trial, this Court is inclined to grant them relief.

Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional

Patna High Court CR. MISC. No.51832 of 2022(2) dt.12-01-2023 3/3 Chief Judicial Magistrate, Patna in connection with Jakkanpur P.S. Case No. 291 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T