Gayatri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2628 of 2019 Arising Out of PS. Case No.-331 Year-2018 Thana- PAROO District- Muzaffarpur ====================================================== Gayatri Devi, Female, aged about 35 yrs., W/o Sudhir Kumar Singh, R/o village Chochahi, P.S. Paru, Distt., Muzarrarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi For the Opposite Party/s :
Mr.Arun Kr Singh For the informant :
Mr. Surendra Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Paru P.S. Case No. 331/18 registered for the offence punishable under Sections 147, 148, 149, 323, 307, 385, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
Informant has alleged that on 29.08.2018 at about 10.30 a.m., when he along with his brother, nephew and villager went to their orchard for sowing mustard then the petitioner along with other co-accused, Sudhir Kumar Singh and Dheeraj Kumar and three unknown persons variously armed came and started assaulting them. Thereafter, Sudhir Kumar Singh ordered to kill and Dheeraj Kumar started firing from his country made pistol as a result of which, informant, his brother and nephew sustained injuries. Thereafter, the petitioner and other three
Patna High Court Cr.Misc. No.2628 of 2019(2) dt.31-01-2019 2/3 unknown persons also assaulted with lathi and rod. It has been submitted on behalf of the petitioner that she is innocent and has falsely been implicated in this case due to land dispute pending between the parties Petitioner has no criminal antecedent and she is in custody since 29.08.2018. Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances of the case and also the fact that petitioner is a lady, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 3rd, West Muzaffarpur in connection with Paru P.S. Case No. 331/18, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.2628 of 2019(2) dt.31-01-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T