Buiya Devi @ Priti Devi @ Buiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9731 of 2020 Arising Out of PS. Case No.-95 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== BUIYA DEVI @ PRITI DEVI @ BUIYA, aged about 35 years, Female, D/o Ramswarath Yadav @ Ramsogarath Yadav, W/o Shambhu Kumar, Resident of Village - Narepur, Pachim, P.S.- Bachhwara, Dist.- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Bachhwara P.S. Case No. 95 of 2018, registered under Sections 147, 148, 149, 120B and 302 of the Indian Penal Code and 27 of the Arms Act.

The accusation is that father-in-law of informant, Rita Devi, had performed two marriages. From the first wife there is only one male issue Kusho Yadav, husband of the informant. From the second marriage there are four children Suresh Yadav, Bhushan Yadav, Buiya Devi (petitioner) and Sumitra Devi. There was family dispute in between step-brother and sister of her husband. In the evening of 13.06.2018, when the informant and her husband, Kusho Yadav, reached near Dharampur

Patna High Court CR. MISC. No.9731 of 2020(2) dt.28-02-2020 2/2 Chowk, then, her step-brother-in-law, Suresh Yadav, step-sisterin-law, Buiya Devi (petitioner) were there. On instigation Bhushan Yadav took out pistol and shot fire at her husband, Kusho Yadav, who died on spot.

Submission is that it would appear from the first information report that petitioner, who is lady, is not the assailant of the deceased-husband of the informant, but, due to family dispute she has also been implicated in this case and the petitioner is in custody since 07.12.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bachhwara P.S. Case No. 95 of 2018 to the satisfaction of Shri Thakur Aman Kumar, Additional Chief Judicial Magistrate VIcum-Sub Judge, VII, Begusarai. (Rajendra Kumar Mishra, J) Shamshad/- U T