Patna High CourtCR. MISC./11799/2019bail granted

Asha Devi v. The State Of Bihar

2019-02-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11799 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== ASHA DEVI, Wife of Mukesh Kumar, Resident of Village - Madho Bihari Lane Salempur, P.S.- Nagar Chapra, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Section 302/34 of the Indian Penal Code. The prosecution case, in short, is that sister of the informant was killed by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is the gotani of the deceased. She has been made accused due to mistake of fact. The police after investigation submitted final form against the petitioner. The Court below had differed with the same and taken cognizance under Section 306 IPC.

Patna High Court CR. MISC. No.11799 of 2019(2) dt.26-02-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Nagar P.S. Case No. 46 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T