Patna High CourtCR. MISC./23914/2016bail granted

Rukmini Devi v. The State Of Bihar

2016-05-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23914 of 2016 Arising Out of PS.Case No. -163 Year- 2015 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Rukmini Devi wife of Sanjeev Kumar @ Saina Singh, Resident of village- Katadih, P.S.- Katarisarai, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Nath Tiwary, Advocate For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that in the background of partitioned dispute on 19.07.2015 at 12.00 Noon hot exchange took place between the father of the informant namely Ramdeo Singh and cousin Lalan Singh, when the petitioner handed over the gun to her father-in-law Bholi Singh, who fired at Lalal Singh. More than two hours thereafter at 2.30 to 2.45 P.M. the accused persons again came, when Bholi Singh resorted to fire on Ramdeo Singh.

Patna High Court Cr.Misc. No.23914 of 2016 (2) dt.26-05-2016 When Pramod Singh made protest then Bholi Singh fired at Pramod Singh.

Both the injured subsequently succumbed to injury.

It is submitted by the learned counsel for the petitioner that in the background of partition dispute occurrence took place. No overt act has been alleged against the petitioner, who is a lady. The firing was resorted by Bholi Singh at three persons Lalan Singh, Ramdeo Singh and Pramod Singh.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Sushil Prasad, J.M., Ist Class, Nalanda at Biharsharif in connection with Giriyak (Katarisarai) P.S. Case No. 163 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T