Shila Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.754 of 2016 (4) dt.08-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.754 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -BELCHHI District- PATNA ======================================================
1. Shila Devi, Wife of Late Binod Raut, Resident of Jodhan Bigha, P.S.- Belchhi, District- Patna..... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kamal For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner seeks bail in connection with Belchhi P.S. Case No. 37 of 2015 registered for the offences punishable under Sections 341, 323, 325, 307, 504/34 of the Indian Penal Code. Allegedly, the petitioner was abusing her mother-in-law and when Vinod Raut, the husband of the petitioner, forbade her then, the son of the petitioner told his father that the petitioner would abuse and in the meantime the petitioner gave khanti blow on the head of her husband Vinod Raut and the son Chandan Raut started assaulting with iron rod, resulting, Vinod Raut fell down and during treatment he died.
Submission is of false implication and that there was no intention to commit murder, the husband of the petitioner died due
Patna High Court Cr.Misc. No.754 of 2016 (4) dt.08-03-2016 to cardiac respiratory arrest and she is suffering in custody since 13.08.2015 as such she deserves sympathetic consideration to which learned APP opposes by submitting that the petitioner gave fatal blow on the head of her husband and she does not deserve leniency.
In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail, accordingly, her such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T