Rukmini Devi @ Rukmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57372 of 2018 Arising Out of PS.Case No. -343 Year- 2018 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Rukmini Devi @ Rukmani Devi, W/o Dharmendra Paswan, resident of Village- Laguniya Surya Kanth, P.S. Samastipur, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bijay Bhushan Prasad, Advocate. For the Opposite Party : Mr. Ashok Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 302/34 of the IPC. The prosecution story, in brief, is that six accused persons assaulted the husband of the informant with slaps and fists. Co-accused Shrawan Paswan pressed his neck. The informant started raising alarm on which accused persons fled away. She tried to hold her husband but she found that he died. She started weeping, in the meantime, petitioner assaulted her with lapper-thapper and ran way.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.57372 of 2018 (2) dt.17-09-2018 2/2 petitioner. The petitioner is a lady. Specific allegation has been made against the co-accused, namely, Dharmendra Paswan, Kanik Paswan, Rajendra Paswan, Chandan Paswan and Halindra Paswan who are alleged to have assaulted the deceased due to which the deceased died. There is no allegation against the petitioner for assaulting the deceased. The only allegation against the petitioner is that after occurrence, she assaulted the informant with slaps. No injury is alleged to have been attributed against the petitioner for causing injury upon the deceased.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Samastipur, in connection with Samastipur Muffasil Case No. 343/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T