Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63614 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Pinki Devi wife of Suresh Rishideo, r/o Village- Chhatiyouna, Tola Dhaniyan, W. No. 7, PS- Raniganj, Dist- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-02-2024 Heard Mr. Gopal Kumar Jha, the learned counsel for the petitioner and Mr. Yogendra Kumar Singh, the learned Additional Public Prosecutor for the State.

2.

The petitioner is apprehending her arrest in connection with Raniganj PS Case No. 186 of 2023, FIR dated 06.05.2023, registered for the offence punishable under Section 302 of the Indian Penal Code.

3.

According to prosecution case, due to a scuffle between the petitioner and the wife of the informant, the latter died.

4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case. He further submits that the allegations levelled in the FIR are false and fabricated and the

Patna High Court CR. MISC. No.63614 of 2023(4) dt.27-02-2024 2/2 petitioner has not committed any such offence as alleged in the FIR. In fact, the deceased had died due to heart attack and the petitioner has not assaulted the victim and the petitioner happens to be the sister-in-law of the deceased. 5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the basis of materials available on record and the case diary and submits that there is direct and specific allegation against the petitioner that she has assaulted the deceased with fists and she died at the spot and the postmortem report also supports the allegation as alleged in the FIR. 6.

Considering the nature of allegation that the petitioner has assaulted the deceased and she died at the place of occurrence and the medical report also supports the allegation levelled in the FIR, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Raniganj PS Case No. 186 of 2023 pending in the Court of learned SubDivisional Judicial Magistrate. 7.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T