Patna High CourtCR. MISC./10403/2020bail granted

Prabhawati Devi v. The State Of Bihar

2020-02-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10403 of 2020 Arising Out of PS. Case No.-681 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== PRABHAWATI DEVI Wife of Late Prabhu Sharma Resident of Village - Kalibag, P.S.- Bettiah Town (Kalibag O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Bettiah Town (Kalibag O.P.) P.S. Case No. 681 of 2019, disclosing offences punishable under Section 302/34 of the Indian Penal Code.

There is an allegation in the F.I.R. against the coaccused Ram Babu Sharma and two others of having shot at the informant's brother, leading to his death. The petitioner is mother of the said Ram Babu Sharma and it is alleged in the F.I.R. that after he had shot at the deceased, the petitioner had commanded her to repeat the shots to ensure his death. Learned counsel appearing on behalf of the petitioner has submitted that at the maximum the petitioner can be said to

Patna High Court CR. MISC. No.10403 of 2020(2) dt.29-02-2020 2/2 be an order giver that too after the informant's brother was already shot at. The petitioner has been implicated because she is mother of the main accused. She also contends, referring to the contents of the F.I.R. that it was because of dispute between the parties relating to construction of a pathway, over a lane that the occurrence had taken place.

Considering the nature of allegation against the petitioner, this application is allowed.

Let the petitioner above named be released on bail furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town (Kalibag O.P.) P.S. Case No. 681 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T