Rubi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6107 of 2017 Arising Out of PS.Case No. -617 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Rubi Devi, W/o Kanhaiya Singh, Resident of Village-Bhadas, P.S.- Muffasil, District-Khagaria.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 08-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Khagaria (Muffasil) P.S. Case No.617 of 2016/G.R. No.2261 of 2016 registered under Sections 147, 148, 149, 323, 307, 354, 302 and 504 of the Indian Penal Code.
The accusation is that Kanhaiya Singh, his wife Rubi Devi (petitioner), Gulab Singh and his wife Sudha Devi, surrounded the husband of the informant and started to cause assault him through iron rod and lathi. When Rajeev Kumar and Pinki Kumari, the brother-in-law and daughter of the informant respectively, rushed to save the husband of the informant, then
Patna High Court Cr.Misc. No.6107 of 2017 (2) dt.08-03-2017 2/3 Chandan Kumar, Dharmveer Kumar, Rajkumar, Laxman Singh, Shamsher Singh, Vikram Kumar and Cholu Kumar armed with lathi and danda came and started to cause assault her husband and brother-in-law. While the brother-in-law of the informant started to flee away after sustaining injury, her daughter was also assaulted by them and then she fled away. The husband of the informant died on the spot. The husband and brother-in-law of the informant were rushed to the hospital for treatment but the husband of the informant was declared brought dead.
Learned counsel appearing on behalf of the petitioner submits that, in fact, the occurrence of "Maar-Peet" took place in between the male member of the family of the petitioner and the informant but the petitioner, who is wife of the co-accused Kanhaiya Singh, has also been falsely implicated in this case with general allegation of causing assault to the deceased, Rajeev Kumar and Pinki Kumari, the husband, brother-in-law and daughter of the informant respectively. The petitioner being the lady and having no criminal antecedent is in custody since 03.12.2016.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)
Patna High Court Cr.Misc. No.6107 of 2017 (2) dt.08-03-2017 3/3 with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Muffasil) P.S. Case No.617 of 2016/G.R. No.2261 of 2016. (Rajendra Kumar Mishra, J) P.S./- U T