Rinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73426 of 2023 Arising Out of PS. Case No.-269 Year-2023 Thana- BARSOI District- Katihar ====================================================== Rinki Devi Wife Of Chhavi Kumar Sharma Resident Of Village -AALEPUR, Ps -BARSOI (SUDHANI Op), District -KATIHAR ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Musowir, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP For the Informant :

Mr. Anup Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in Barsoi (Sudhani O.P.) P.S. case No. 269 of 2023 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the elder brother of the informant was done to death on account of electrocution by the accused persons including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.73426 of 2023(6) dt.09-04-2024 2/3 the present case only on the basis of suspicion. No specific allegation is levelled against the petitioner. There is no eye witness to the alleged occurrence. The post-mortem report says that cause of death is Arrhythmia as a result of electric burn injury. The petitioner is in custody since 21.08.2023 and has no criminal antecedent. The petitioner is a lady. During investigation, it has come that the petitioner committed suicide as the wife of the petitioner has illicit relation with co-accused Shatrudhan Sharma. After investigation, charge-sheet has been submitted in this case under Section 306 of Indian Penal Code.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no specific allegation against the petitioner, the period of custody undergone by the petitioner the charge-sheet being submitted under Section 306 of I.P.C., this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with

Patna High Court CR. MISC. No.73426 of 2023(6) dt.09-04-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barsoi (Sudhani O.P.) P.S. case No. 269 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T