← Library
Patna High CourtCR. MISC./56015/2019allowed

Rinki Devi v. The State Of Bihar

2019-11-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56015 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== Rinki Devi Wife of Vijay Rajak, Resident of Village- Bisanpur, P.S.- Beldaur, District- Khagaria.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner is apprehending her arrest in connection with Alam Nagar P.S. Case No.58 of 2019 registered for the offence under Sections 302,201,120(B)/34 of the Indian Penal Code.

The prosecution story is that on 14.03.2019 at 12 O' Clock, the informant's wife, who was performing the work of transaction and collection of money of Self Help Group of Bandhan Bank, along with other two women had come out of the house saying that they were going to Khagaria for some work of Bank and ,thereafter, she phoned at about 6.00 P.M. that she will return tomorrow. On 15.03.2019, the informant got information that one dead body, whose head was cut, had been

Patna High Court CR. MISC. No.56015 of 2019(4) dt.18-11-2019 2/3 recovered from a field of Wakil Singh in Sripur Basa Village and subsequently it was identified as informant's wife. It was submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to local village politics. From perusal of the material collected during course of investigation, it is evident that save and except the name disclosed in the F.I.R. that the deceased had gone with the petitioner, nothing has come out against the petitioner. Earlier, case diary was called for and on perusal of the case diary, specially statement of paragraph-7 and 8 of the case diary recorded during investigation from one Sanjeev Choudhary and Nand Kishore Choudhary, who belong to the same village of the deceased, it is evident that the deceased was seen going on the motorcycle of one Saheb Kumar Singh son of Jhandi Lal Singh, but they have not disclosed the name of the petitioner as last seen.

Learned Addl.Public Prosecutor has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender within a period of six weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.56015 of 2019(4) dt.18-11-2019 3/3 Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Udakishunganj, district-Madhepura in connection with Alam Nagar P.S. Case No.58 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C.

(Anjani Kumar Sharan, J.) nawalkrs/- U T