Patna High CourtCR. MISC./52213/2015bail granted

Radhika Devi v. The State Of Bihar

2016-01-30Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52213 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -ALIPUR District- GAYA ====================================================== Radhika Devi wife of Sidheshwar Manjhi, resident of village- Bhairwan Police Station- Alipur District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Opposite Party/s : Mr. S.Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Alipur P.S.Case No.78 of 2015 registered under Sections 302 and 328 read with 34 of the Indian Penal Code.

The allegation in the FIR is that the petitioner and four others forced the husband of the informant to take excess liquor as a result of which he died.

It has been contended by the learned counsel for the petitioner that the allegation made in the FIR is quite vague. The petitioner is a pregnant lady and had never ever served liquor to the husband of the informant. The further contention is that the petitioner has got no criminal antecedent and she is in custody

Patna High Court Cr.Misc. No.52213 of 2015 (3) dt.30-01-2016 2/2 since 15th August, 2015. She has got roots in the society and is not likely to abscond or tamper with the evidence. Learned counsel for the State has opposed the application for grant of bail to the petitioner. Regard being had to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Alipur P.S. Case No. 78 of 2015.

(Ashwani Kumar Singh, J) Md.S./- U T