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Patna High CourtCR. MISC./11931/2019bail granted

Phuljhari Devi And ANR v. The State Of Bihar

2019-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11931 of 2019 Arising out of PS. Case No.-853 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) * ====================================================== 1.

PHULJHARI DEVI wife of Devnath Pal Resident of Village- Betari, P.S.- Bhabua, District - Kaimur at Bhabua 2.

Phuljhari Devi wife of Ayodhya Pal Resident of Village- Betari, P.S.- Bhabua, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Bhabua P.S. Case No. 853 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. The allegation is regarding the petitioners herein having caught hold of the deceased lady (wife of the informant) while the co-accused persons, namely, Ayodhya Pal and Madho Pal had assaulted the deceased lady resulting in her death. The learned counsel for the petitioners submits that no allegation whatsoever has been levelled against the petitioners of assaulting the deceased lady and in fact if anyone is to be blamed, it is the co-accused, namely, Ayodhya Pal and

Patna High Court CR. MISC. No.11931 of 2019(2) dt.27-02-2019 2/2 Madho Pal. Lastly, it is submitted that the petitioners have a clean antecedent and they are languishing in custody since 14.12.2018.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have not assaulted the deceased lady and are having clean antecedents, I deem it fit and proper to grant regular bail to the petitioners, above named, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 853 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T