Rakhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61358 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== Rakhi Devi, Wife of Suraj Narayan @ Chotan, Resident of VillageRatnopatti, P.S.- Town, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Devi, W/o Baldeo Prasad, Resident of Village-Navinagar, Mangal Bazar, P.S.-Navinagar, District-Aurangabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Virendra Kumar, Advocate For the S t a t e :

Mr.Rajendra Prasad Nat, APP For the Informant :

Mr. Alok Kumar Alok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and the learned APP for the State as well as the learned counsel for the informant.

The petitioner is apprehending her arrest in connection with Town P.S. Case No.60 of 2018 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

The submission advanced on behalf of the petitioner's counsel is that after the institution of the F.I.R., the informant has in writing communicated to the Inspector General of Police that the petitioner has no role to play in the instant allegations and that under some confusion, her name has been

Patna High Court CR. MISC. No.61358 of 2019(15) dt.18-01-2021 2/3 dragged in this case.

Learned counsel for the informant has appeared and does not dispute the aforesaid facts submitted by the petitioner's counsel.

The brother of the informant, as per the F.I.R., instigated the mother to sell three pieces of land. The allegation is levelled against the brother and the Bhabhi of killing the mother. The petitioner happens to be Bhabhi.

Learned counsel for the State is also present. Considering the aforesaid submissions, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail.

Accordingly, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga, in connection with Town P.S. Case No.60 of 2018, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give

Patna High Court CR. MISC. No.61358 of 2019(15) dt.18-01-2021 3/3 an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T