Rabina Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1796 of 2023 Arising Out of PS. Case No.-575 Year-2020 Thana- RANIGANJ District- Araria ====================================================== Rabina Kumari D/O Umesh Sah R/O Village- Nagrahi, Ward No. 10, P.S.- Raniganj, Distt- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Yadav For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in Raniganj P.S. Case No. 575 of 2020 registered for the offences punishable under Section 302/34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Araria.

As per prosecution case, the petitioner along with coaccused persons and some unknown associates have committed murder of the informant's brother Munna Sah by strangulation. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that there is no specific allegation against the petitioner and there is no circumstantial evidence against the petitioner in fardbeyan along with case diary investigated by the I.O. of this case. He further submits that there is no criminal antecedent against the petitioner as mentioned in para 3 of this application.

Learned APP for the State vehemently opposing the

Patna High Court CR. MISC. No.1796 of 2023(3) dt.21-03-2023 2/2 bail petition submits that specific overt act has been attributed against the petitioner. He further submits that the petitioner is named in the F.I.R. and from the impugned order it is clear that the petitioner is also involved in committing murder of the deceased. Hence, the petitioner does not deserve privilege of anticipatory bail.

Considering the facts and circumstances of case and the fact that there is incriminating material against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Raniganj P.S. Case No. 575 of 2020. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that the petitioner has no criminal antecedent. (Anjani Kumar Sharan, J) anand/- U T