Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54194 of 2019 Arising Out of PS. Case No.-465 Year-2018 Thana- RANIGANJ District- Araria ====================================================== 1.
RINKU DEVI, Wife of Late Mithilesh @ Mukesh Yadav and daughter of Dinesh Yadav, Resident of Village- Bairakh Ward No.12, Police StationRaniganj, District-Araria. 2.
Jhalia Devi @ Jholia @ Sabitri Devi, Wife of Denesh Yadav, Resident of Village- Bairakh Ward No.12, Police Station- Raniganj, District- Araria. 3.
Negru @ Bouni Yadav @ Boni Kumar, Son of Sivbol Yadav, Resident of Village-Bairakh Ward No.12, Police Station-Raniganj, District-Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rang Nath Choubey, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP For the Informant : Mr. Sudhanshu Shekhar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor along with learned counsel for the informant.
Petitioner no.1, Rinku Devi is wife of deceased, petitioner no.2, Jhalia Devi is mother-in-law of the deceased and petitioner no.3, Negru is relative of petitioner nos.1 and 2 as well as covillagers (as per paragraph 13 of the petition). The deceased is Mithilesh @ Mukesh Yadav whose marriage was solemnized about one and half years ago. Deceased though was on frequent visit but, as his wife was not inclined to come to his place on account thereof, he was aggrieved. However, it has been alleged that as instructed by his
Patna High Court CR. MISC. No.54194 of 2019(4) dt.27-11-2019 2/2 father-in-law Dinesh Yadav, deceased had gone to his Sasural on 25.12.2018 at about 7.00 PM. Subsequently, as per disclosure made by Dinesh Yadav deceased left his house but did not come. Whereupon, the informant became suspicious and then with the help of villagers have gone to the Sasural of the deceased and, collected information. Whereupon he came to know that Dinesh Yadav, Umesh Yadav, Sabitri Devi, Rinku Devi, Chandan Kumar Yadav, Jai Narain Yadav, Diwakar Yadav and Negru Yadav they all have murdered him and then they have concealed the dead body. Police went ahead and as per paragraph 3 of the case diary/inquest report it is evident that the dead body of the victim was recovered from heap of straw belonging to Dinesh Yadav, father of petitioner no.
1 and husband of petitioner no.2. It is further evident from the postmortem report that the deceased was done to death by means of strangulation as well as some ante-mortem injury were also found over his person. There happens to be no explanation in terms of Section 106 of the Evidence Act at the end of the petitioners.
Consequent thereupon, the prayer for anticipatory bail of the petitioners is rejected.
(Aditya Kumar Trivedi, J) skpathak/- U T