Rinki Kumari @ Rinki Devi @ Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65842 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== RINKI KUMARI @ RINKI DEVI @ RINKU DEVI wife of Shankar Chaudhary R/o- Village- Konand Ps- Asthawan Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Ashthawan P.S.Case no.116 of 2023 registered under sections 302, 307, 341, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that as a result of family dispute as described in the FIR, her brother-in-law and his wife who is the petitioner herein started to abuse and assault, as a result of which the informant's husband fell down unconscious and subsequently died.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the F.I.R. Even accepting the allegations in the FIR,

Patna High Court CR. MISC. No.65842 of 2023(2) dt.18-10-2023 2/2 the allegation of causing injury on the head of the deceased is on the husband of the petitioner. Referring to the order of the learned trial Court it is submitted that the cause of death in the postmortem report is said to be hemorrhage and shock due to head injury. The petitioner who is a lady is in custody since 10.5.2023 and has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the cause of death as stated in the postmortem report being attributable to the husband of the petitioner herein, the petitioner being in custody since 10.5.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Ashthawan P.S. Case no.116 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nalanda at Biharsharif. (Partha Sarthy, J) Bibhash U T