Tinku Devi @ Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57801 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- NARHATT District- Nawada ====================================================== TINKU DEVI @ RINKU DEVI, Wife of Parsuram Pandit, Resident of Village - Sitamarhi, P.S.- Sitamarhi, District- Nawada ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Devendra Prasad Singh, Advocate For the State :
Mr. Ashok Kumar Singh, APP For the Informant :
Mr. Sanjay Kumar Sinha, Advocate Mr. Pankaj Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State as well as the learned counsel for the informant.
The petitioner is in custody since 06.04.2019 in connection with Narhat (Sitamarhi) P.S. Case No.94 of 2019 registered for the offence under Section 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the present petitioner is the daughter-in-law of the family and has been falsely implicated in the case. It is submitted that the petitioner has two small children aged about three years and one and a half years and she is languishing in jail. It is further submitted that the post-mortem report, which has been annexed
Patna High Court CR. MISC. No.57801 of 2019(3) dt.14-10-2019 2/2 with the present bail application, indicates only one injury whereas the allegation is of having assaulted several times with the branch of Sahjan tree. However, the post-mortem report indicates only one injury and thus, the entire prosecution case falls under a cloud.
Considering the aforementioned facts and circumstances and that the learned counsel for the informant has not been able to controvert this position, let the petitioner, above named, be released on bail on her furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Nawada, in connection with Narhat (Sitamarhi) P.S. Case No.94 of 2019. (Anjana Mishra, J) PNM U T