Rina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69539 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- MANSURCHAK District- Begusarai ====================================================== RINA DEVI D/o Shyam Rai Resident of - Samsa, P.S.- Mansurchak, Distt - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2020 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Mansurchak P.S.Case No.62 of 2019 registered for offences punishable under Sections 302, 120/34 of the Indian Penal Code.

As per FIR, the informant has got information about the death of his son at his Sasural and on that information, he went there and found the dead body and it is alleged that they have assaulted and killed him. As the petitioner happens to be wife of the deceased, she is not ready to reside with the deceased. It further appears from the postmortem report that the death is due to asphyxia and the above injury was caused by hanging. Submission of the learned counsel for the petitioner is that there is no eye witness of the occurrence and there is delay

Patna High Court CR. MISC. No.69539 of 2019(3) dt.10-01-2020 2/2 in lodging of the FIR though the informant was present at the time of prepartion of inquest report, Heard learned A.P.P. , who has opposed the prayer for bail on the ground that the dead body was found inside the house of the petitioner and there was fighting between the petitioner and the deceased..

Having heard both sides and in view of the submissions as made above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court and be disposed of on the basis of the materials available on the record.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T