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Patna High CourtCR. MISC./73818/2023bail granted

Rinku Devi v. The State Of Bihar

2024-03-12Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73818 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- SARAI District- Vaishali ====================================================== RINKU DEVI W/O NARESH BAITHA R/O VILLAGE- MANI BHAKURAHAR, P.S- SARAI, DISTT.- VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Sarai P.S. Case No.107 of 2023 registered for the offence under Sections 302/34 of the Indian Penal Code.

3.

Allegation against the petitioner is to have committed murder of her two daughters.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.73818 of 2023(4) dt.12-03-2024 2/3 implicated in the present case. It is submitted that this petitioner being mother of the deceased never killed her children. It is submitted that there is no eye-witness to the present occurrence and except confessional statement of this petitioner, nothing incriminating has been recovered during course of investigation, which may connect this petitioner. It is further submitted that petitioner is a lady of clean antecedent and she is in custody since 15.04.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner and submitted that it appears from perusal of FIR that this is a case of honour killing of two daughters.

6.

In view of the allegation, as made above, as it appears from F.I.R. that parents of the deceased themselves kill their daughter as both the daughter were involved in love affairs, where, dead bodies of the deceased persons were recovered from house of the petitioner in her presence and it appears from perusal of postmortem report that cause of death of deceased Raushi Kumari and Jannu Kumari is due to asphyxia due to strangulation and as the nature of allegation is very serious, where, two younger ladies have been killed by the petitioner, where, petitioner is mother of the deceased and also

Patna High Court CR. MISC. No.73818 of 2023(4) dt.12-03-2024 3/3 this is a case of honour killing of two daughters committed by parents itself, this Court is not inclined to grant bail to the petitioner.

(Ramesh Chand Malviya, J) S.Katyayan/- U T