Kiran Devi @ Priya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5199 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== KIRAN DEVI @ PRIYA DEVI Wife of Devan Yadav R/v- Ram Chandrapur, P.S.- Jagdishpur (Goradih), District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Jagdishpur (Goradih) P.S. Case No. 98 of 2022, registered for the offences punishable under Sections 341, 323, 307, 447, 504, 506/34 of the Indian Penal Code. Subssequently Section 32 of the Indian Penal Code was added in this case. As per allegation, some altercation took place between the informant and Kiran Devi (petitioner). Further allegation is that the accused persons named in the FIR, assaulted the husband of the informant. He died during course of treatment.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.5199 of 2023(2) dt.29-04-2023 2/3 that the petitioner is a lady. The occurrence took place on a trivial issue. Intitially, the case was lodged under Section 307 of the I.P.C., but after 13 days, when the injured person died, Section 302 of the Indian Penal Code was added. He has submitted further that altogether six accused persons are made accused, including the female members of the house of the petitioner.

Considering the above-mentioned facts and circumstances especially the fact that the petitioner is a lady, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case No. 98 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and

Patna High Court CR. MISC. No.5199 of 2023(2) dt.29-04-2023 3/3 the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T