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Patna High CourtCR. MISC./84677/2019bail granted

Rubi Debi @ Ribha Devi @ Rita Devi v. The State Of Bihar

2020-03-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84677 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

RUBI DEBI @ RIBHA DEVI @ RITA DEVI W/o Kailash Yadav Resident of Village - Mirjawa, P.S.- Triveniganj, Distt.- Supaul. 2.

Amlesh Yadav @ Amlesh Kumar Son of Parmeshwari Yadav Resident of Village - Garaha, P.S.- Shankarpur, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Tribeniganj P.S. Case No. 154/19 registered for the offence under Sections 363, 364/34 of the Indian Penal Code and later on Sections 302 and 201 added.

Petitioner no. 1 is second wife of co-accused Kailash Yadav and petitioner no. 2 is brother of petitioner no.1. Prosecution case is that 20 years earlier the deceased sister of the informant married with co-accused Kailash Yadav and she was blessed with two female child. It is submitted that in the year 2006, coaccused Kailash Yadav solemnized second marriage with petitioner no. 1. After the marriage, land dispute arose between co-accused Kailash Yadav and sister of informant. Informant went to village Mirjawa and knew that petitioners

Patna High Court CR. MISC. No.84677 of 2019(4) dt.04-03-2020 2/2 along with other co-accused persons abducted her sister. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case because they are step mother and step maternal uncle of the daughter of the deceased. It is further submitted that no one is eye witness of killing of deceased by the petitioners. It is further submitted that petitioner no. 2 is brother of petitioner no. 1 who has no concern about the aforesaid dispute of the land. His name transpired in this case only on the basis of suspicion and simply because the brother of the petitioner no.1. It is further submitted that petitioners have clean antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event their arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 1st , Supaul, in connection with Tribeniganj P.S. Case No. 154/19, subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Prabhat Kumar Singh, J) SUMIT/- U T