Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57870 of 2022 Arising Out of PS. Case No.-434 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== RINKU DEVI D/O SANJAY SINGH R/O VILLAGE- SURHERI, P.S.- MUFFASIL, DISTT.- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Kumar For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 434 of 2022, registered for the offence punishable under Sections 302/120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The case of the prosecution, in brief, according to the informant, is that on 29.6.2022 at about 6 pm. in the evening, the son of the informant had gone to the market, however, he did not come back till late in the night, whereafter, enquiry was made and one Gaurav Kumar disclosed that her son has been shot dead,
2/4 whereafter she had gone to the hospital and found that her son had been shot in his chest. It is also alleged that the son of the informant was having love affair with the daughter of one Sanjay Singh, namely, Anjani Kumari @ Jiya, hence, she has strong suspicion that her son has been killed by the father, brother and mother of the said Anjani Kumari @ Jiya.
The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case, she is having a clean antecedent and she is languishing in custody since 30.6.2022. The learned counsel for the petitioner has further submitted that neither there is any eye-witness to the alleged occurrence nor the petitioner, who is a lady and mother of the said Anjani Kumari @ Jiya, has got anything to do with the alleged incident nor any material has transpired during the course of the investigation to connect the petitioner with the alleged occurrence. It is further submitted that charge-sheet has already
3/4 been filed and no prejudice would be caused to the prosecution, in case the petitioner is granted the privilege of bail.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither there is any eye-witness to the alleged occurrence nor the petitioner has been alleged to have shot dead the son of the informant much less there being any evidence on record to suggest her complicity in the alleged occurrence, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the
4/4 satisfaction of learned J.M.F.C. cum A.M. Gaya in connection with Muffasil P.S. Case No. 434 of 2022. (Mohit Kumar Shah, J) Ajay/- U T