Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58208 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -JADOPUR District- GOPALGANJ ======================================================
1. Rinku Devi Wife of Sunil kumar Singh Resident of Village-Barai Patti, Ps Jadopur, District Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghulam Rabbani For the Opposite Party/s : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-03-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in Jadopur P.S.Case No. 78/2015 registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in brief, is that the informant Most. Lalita Kuwar filed a written petition before the S.H.O., Jadopur P.S. alleging therein that the marriage of her daughter, namely, Rambha Devi was solemnized with Ramashish Singh about 7 years ago. It is alleged that the deceased used to inform her that in-laws will kill her. It is further alleged that on 16.09.2015 at about 3.P.M. the petitioner together with co-accused
Patna High Court Cr.Misc. No.58208 of 2015 (4) dt.04-03-2016 2/3 named in the F.I.R. with a common intention shot dead the deceased Rambha Devi and tried to destroy the evidence. It has been submitted by the learned counsel for the petitioner that she is sister-in-law ( Gotni) of the deceased Rambha Devi and is not involved in the aforesaid offence and has no criminal history, as is evident from para-3 of this petition. It has further been stated that as per the informant in the F.I.R., allegation is of firing, as a result of which the deceased succumbed.
It has been contended that the informant has subsequently filed a petition before the learned Court below stating therein that the petitioner is not involved in the aforesaid offence and retracted from para-4 of the case diary and the fire shot was not accountable to the petitioner.
However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence opposes the prayer for bail. Since, there is no eye witness and no overt act has been alleged to have been committed by the petitioner, let the above named petitioner in the event of her arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Shri
Patna High Court Cr.Misc. No.58208 of 2015 (4) dt.04-03-2016 3/3 Abhishek Kunal, Judicial Magistrate, 1st class, Gopalganj in connection with Jadopur P.S.Case No. 78/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. (Nilu Agrawal, J) Sudha/- U T