Bibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9429 of 2020 Arising Out of PS. Case No.-138 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== BIBHA DEVI Wife of Rajesh Singh @ Tuntun Singh Resident of VillageAndaul, P.S.- Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.560 of 2019, arising out of Baruraj P.S. Case No.138 of 2019, registered under Sections 302 and 120(B)/34 of the Indian Penal Code.

The accusation is that in the evening of 05.07.2019, Jaichandar Singh, the son of the informant Kaushalya Devi, moved from the house for grocery shop, situated near the house of Rajesh Singh but he did not return. On hearing the 'Hullah', when the informant reached there, then she saw that Rajesh Singh alias Tuntun Singh, Abhishek Kumar, Bibha Devi (petitioner), Nand Kishore Singh, father-in-law of Rajesh Singh,

Patna High Court CR. MISC. No.9429 of 2020(2) dt.24-02-2020 2/3 were causing assault to her son. At that time, Rajesh Singh gave the axe blow at the head of the son of the informant, whereas Abhishek Kumar caused assault to the son of the informant through 'Fatta'. At that time, the father-in-law of Rajesh Singh and this petitioner had caught hold of the hand of the son of the informant and were causing assault to him through fists and slaps. Consequently, the son of the informant died.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the son of the informant, with bad intention, entered into the house of the petitioner, where the husband of the petitioner and her other family members started to cause assault to the son of the informant but the petitioner being the wife of the co-accused Rajesh Singh alias Tuntun Singh has falsely been implicated in this case with the allegation that she had also caught hold of the son of the informant at the time of the occurrence and was causing assault to him. The petitioner has no criminal antecedent and is in custody since 07.06.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.9429 of 2020(2) dt.24-02-2020 3/3 satisfaction of the 1st Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No.560 of 2019, arising out of Baruraj P.S. Case No.138 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T