Patna High CourtCR. MISC./27454/2018bail granted

Sri Devi v. The State Of Bihar

2018-05-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27454 of 2018 Arising Out of PS.Case No. -480 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Sri Devi, Wife of Late Gopal Mahto, Resident of Village-Kachhiyana, Police Station-Lakhisarai, District-Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Shanker Prasad, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

On hearing sound when the informant went near the place of occurrence, he found his father dead by sustaining fire-arm injury. Co-accused Binay Kumar Binayak was carrying a pistol and others including the petitioner were found fleeing from there.

Submission is that the petitioner is family members of Binay Kumar Binayak. Therefore, she has been falsely implicated along with other co-accused. She is a female.

Patna High Court Cr.Misc. No.27454 of 2018 (2) dt.07-05-2018 P2/ Learned counsel for the informant opposed the prayer for bail. However, there is no specific overt-act alleged against the petitioner.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Lakhisarai P.S. Case No.480 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T