Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6711 of 2016 Arising Out of PS.Case No. -274 Year- 2015 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Rita Devi W/o Mahendra Paswan, Resident of village - Kailitand, P.S. Bhagwanpur, District - Vaishali .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Satya Prakash Sinha, Advocate.
For the Opposite Party : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 274 of 2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
Allegedly for cutting palm leaves altercation started and thereafter the petitioner and other co-accused being armed with Lathi, Danda surrounded Umakant Singh the father of the informant and on the order of Mahendra Paswan, Pankaj Kumar assaulted the father of the informant with Danda on his body, head and temporal region resulting the father of the informant died and
Patna High Court Cr.Misc. No.6711 of 2016 (3) dt.08-04-2016 2/3 earlier also the petitioner has cut the hand of the father of the informant.
Submission is of false implication that during investigation independent witnesses vide para 52, 53, 61 and 62 have stated that Umakant Singh fell down from the cycle and as he was an old man aged about 80 years he died and as such the petitioner deserves sympathetic consideration to which the learned APP duly assisted by the learned counsel for the informant seriously opposes by submitting that eye witnesses vide para 29, 30 and 54 have stated that the petitioner assaulted Umakant Singh with Danda resulting he fell down.
In the facts and circumstances stated above, considering that charge sheet has already been submitted the petitioner is a lady and as such the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 274 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial
Patna High Court Cr.Misc. No.6711 of 2016 (3) dt.08-04-2016 3/3 and the default on two consecutive dates on her part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) KKSINHA/- U T