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Patna High CourtCR. MISC./26161/2018bail granted

Sindhu Devi And ANR v. The State Of Bihar

2018-05-03Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26161 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- SANGRAMPUR District- Munger ======================================================

1. Sindhu Devi, W/o Late Ganga Prasad Singh,

2. Ramnivash Singh S/o Late Satya Narayan Singh, Both residents of Vill.- Durgapur, P.S.- Sangrampur, DistrictMunger. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ram Sevak Choudhary, Adv.

For the Opposite Party/s :

Mr. Sri Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-05-2018 Heard Sri Ramsewak Chaudhary, learned counsel for the petitioners and Sri Bharat Lal, learned Addl. Public Prosecutor.

Two petitioners, who are in custody in Sangrampur P.S. Case No.34/2018 registered for the offence under Section 341, 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act, have prayed for grant of bail.

It was submited by learned counsel for the petitioners that on perusal of the F.I.R. it appears that story has been concocted as if both petitioners along with other accused surrounded the husband of the informant and in the occurrence, one Kunal Singh gave fire shot from Katta, which hit firstly on the palm of the husband of the informant and second shot ,

Patna High Court Cr.Misc. No.26161 of 2018(2) dt.03-05-2018 2/2 which hit on the left chest of the informant, due to which he fell down .However, 3rd shot was given , which hit on the back of the husband of the informant and died. Learned counsel for the petitioners submits that entire story has been concocted as if the occurrence had taken place in the day time , whereas time in the F.I.R. itself has been mentioned as 7.15 P.M. on 15.02.2018 . Learned counsel for the petitioners submits that petitioner no.1 is a lady , whereas petitioner no.2 is aged about 70 years old. Besides hearing learned counsel for the parties, I have perused the F.I.R. and on perusal of the same I am of the opinion that it is a fit case for passing favourable order. Accordingly, let both petitioners, namely, (i)Sindhu Devi and (ii) Ramnivash Singh , be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Munger in connection with Sangrampur P.S. Case No.34 of 2018.

(Rakesh Kumar, J) nawalkrs/- U T