Rita Devi vs The State Of Bihar on 17 December, 2015

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Patna High Court - Orders

Rita Devi vs The State Of Bihar on 17 December, 2015

Bench: Prabhat Kumar Jha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.43753 of 2015
                       Arising Out of PS.Case No. -215 Year- 2015 Thana -BARACHATTI District- GAYA
                 ======================================================
                 Rita Devi Wife of Raju Sao, Resident of Village - Gangati, P.S. -
                 Barachatti, District - Gaya.

                                                                                .... ....   Petitioner/s
                                                        Versus
                 The State of Bihar

                                                                  .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Shivendra Prasad, Adv.
                 For the Opposite Party/s   : Mr. T.N.Thakur (App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
                 JHA
                 ORAL ORDER

3   17-12-2015

Heard both sides.

The petitioner apprehends her arrest in Barachatti P.S. Case No. 215/2015, registered for the offences punishable under Section 302, 201 and 34 of the Indian Penal Code.

The petitioner is named in the FIR on mere suspicion. It is submitted that four days after the offence one witness came and disclosed that petitioner entered into the house of the deceased and for that some verbal altercation took place. The petitioner threw a piece of brick causing injury to the deceased.

It is submitted that so-called witness was present at the place of occurrence also but she did not disclose the fact.

Considering the facts that one witness has disclosed the Patna High Court Cr.Misc. No.43753 of 2015 (3) dt.17-12-2015 2/2 name of the petitioner that it was the petitioner who assaulted the deceased with a piece of brick causing her death, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and her prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Vinita/-

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Patna High Court - Orders