Rubi Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.5902 of 2017 (2) dt.27-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5902 of 2017 Arising Out of PS.Case No. -63 Year- 2014 Thana -DORIGANJ District- SARAN ====================================================== Rubi Devi, wife of Umesh Rai, resident of Village - Manpur Jahangir, P.S. - Doriganj, District - Saran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogendra Prasad For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Doriganj P.S. Case No. 63 of 2014, registered under Sections 307, 302 and 326/34 the Indian Penal Code.
The accusation is that Vakil Rai along with his two sons, Rakesh Rai and Pappu Rai came at the door of the informant, Shivaji Rai, and asked to give the share in the wheat to his son-in-law, Umesh Rai, husband of the petitioner, on which, informant made protest saying that his two sons used to bear the expenditure and accordingly that he could not give the share in the wheat. Thereafter, Vakil Rai, handed over knife to his two sons, Rakesh and Pappu Rai and son-in-law, Umesh Rai. Thereafter, on the order of Vakil Rai, Umesh Rai, husband of petitioner, gave
Patna High Court Cr.Misc. No.5902 of 2017 (2) dt.27-03-2017 knife blow to his brother Rakesh Rai, son of informant, whereas Rakesh Rai and Pappu Rai gave knife blow to Manoj Rai, another son of informant. While Rakesh Rai, son of informant, rushed to the hospital for treatment but he died.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that the allegation has been made about supplying the knife to Umesh Rai, husband of the petitioner, and also to Rakesh and Pappu Rai by Vakil Rai but with ulterior motive informant in his re-statement has stated that this petitioner handed over the knife to her husband Umesh Rai. Having regard to the facts and circumstances of the case, let the above named petitioner being lady be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Doriganj P.S. Case No. 63 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T