Rubi Devi @ Rubi Kumari Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.51488 of 2015 (2) dt.10-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51488 of 2015 ======================================================

1. Rubi Devi @ Rubi Kumari Devi W/o Hari Prasad Das R/o Teja Tola Vidya Nagar ( Babhan Toli ), P.S. Katihar Sahayak, Distt. - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Katihar Nagar Sahayak P.S. Case No.212 of 2014 for the offences alleged under Sections 436 of the Indian Penal Code. The prosecution case is that on 16.4.2014 at about 12 P.M. when the informant was sleeping in her house suddenly she saw flame of fire from her hut and also saw the petitioner fleeing away from there who is very cunning lady having three to four marriages.

It has been submitted by learned counsel for the petitioner that she has a clean antecedent, as is evident from paragraph No.3 of the petition. It has further been submitted that the allegations against the petitioner are false and due to personal dispute and

Patna High Court Cr.Misc. No.51488 of 2015 (2) dt.10-12-2015 enmity, the present case has been lodged against the petitioner. Further more, it has been submitted that there is no eye witness of the alleged occurrence and since the petitioner is the next door neighbour of the informant, who has seen the petitioner fleeing away, it cannot be attributed that the petitioner has committed the said offence, as the hut of the informant is of "phoos". Be that as it may let the petitioner, namely, Rubi Devi alias Rubi Kumari Devi, in the event of her arrest/surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each in connection with Katihar Nagar Sahayak P.S. Case No.212 of 2014 to the satisfaction of the Chief Judicial Magistrate, Katihar subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Nilu Agrawal, J) V.P.Sinha/- U