Rina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61060 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== Rina Devi Wife of Balmiki Prasad Resident of Village- Sohabanpur Surhi,P.S.- Islampur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anish Chandra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-09-2024 Heard the parties.

2. The petitioner apprehends her arrest in connection with Islampur P.S. Case No. 257 of 2024 dated 19.05.2024 registered for the offence(s) punishable under Section(s) 307, 341, 323, 325, 354, 379, 337, 338, 448, 504, 506 read with section 34 of the Indian Penal Code.

3. Mr. Anil Kumar Singh, learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and as a matter of fact on the alleged date and time of the occurrence some altercation took place for taking water from the Government tap in which informant's wife fell down on a brick and sustained some injuries. It is further submitted that there is no specific allegation against this petitioner rather the specific allegation of assault is against co-accused, Balmiki Prasad, husband of the petitioner, who is alleged to have assaulted the

Patna High Court CR. MISC. No.61060 of 2024(2) dt.18-09-2024 2/2 informant's wife causing injury on her leg and hand.

4. Mr. Anish Chandra, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Heard both side and perused the F.I.R. as well as the impugned order. The main allegation is appearing against the husband of this petitioner who allegedly assaulted the informant's wife with an iron rod and the petitioner is alleged to have assaulted her by means of a brick and genesis of the occurrence is said to be of taking supply water through Government tap and the petitioner is said to be a young lady having fair and clean antecedent. Considering these facts as well as above submissions, this court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner named-above, in the event of her arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Islampur P.S. Case No. 257 of 2024 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T