Gaudam Devi @ Gaudami Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13730 of 2019 Arising Out of PS. Case No.-87 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== Gaudam Devi @ Gaudami Devi Wife of Girgit Paswan R/o village- Trilokwa, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302, 307, 323/34 of the Indian Penal Code.

The earlier bail application of the petitioner was rejected vide Annexure 12 to the present application with an observation 'at this stage'.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.03.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The alleged occurrence is said to have taken place due to petty reason like grazing the field of sugarcane of the informant by goats. The petitioner is said to have assaulted in

Patna High Court CR. MISC. No.13730 of 2019(4) dt.03-07-2019 2/2 spur of moment with wood, which was lying by the side of the field. The petitioner had no intention to commit the murder. It is at best a case for an offence under Section 304 of I.P.C. The petitioner is a lady. As per report of the court below, charge is yet to be framed. There is no likelihood of trial being concluded in near future. It is further submitted that the petitioner shall cooperate during the trial. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. case No.87 of 2018.

(Sudhir Singh, J) Narendra/- U T