Pinki Devi @ Pinki Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66768 of 2019 Arising Out of PS. Case No.-133 Year-2019 Thana- GAMAHARIYA District- Madhepura ====================================================== Pinki Devi alias Pinki Kumari Devi, aged about 25 years, Gender-Female, wife of Govind Yadav @ Guru Govind @ Guru Govind Yadav, resident of village- Korihar, Police Station- Gamhariya, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Kumar, Advocate Mr. Shailendra Kumar Singh, Advocate Mr. Akash Shankar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gamhariya PS Case No.133 of 2019 dated 20.07.2019 instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

3. The allegation against the petitioner is that she instigated her husband to shoot her father-in-law, upon which, he fired four bullets resulting in his death.

4. Learned counsel for the petitioner submitted that there is only allegation of the petitioner calling upon her husband to fire, but there is no witness to the same. It was

Patna High Court CR. MISC. No.66768 of 2019 dt.19-12-2019 2/2 further submitted that she has small children to take care of and she is in custody since 21.07.2019.

5. Learned APP submitted that there is direct allegation of the petitioner having instigated her husband to kill the father-in-law due to dispute relating to sharing of money received by the deceased after selling some land. It was submitted that upon instigation of the petitioner the husband fired and thus, she was the person behind the occurrence itself.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, the application stands dismissed for the present.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T