Kalawati Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.23017 of 2015 (3) dt.22-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23017 of 2015 Arising Out of PS.Case No. -85 Year- 2014 Thana -BARURAJ District- MUZAFFARPUR ======================================================

1. Kalawati Devi. Wife of Shatrughan Singh. Resident of village - Bangari, P.S.- Baruraj, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandan For the Opposite Party/s : Mr. Ajay Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending her arrest in a case instituted under Sections 302/34 of the Indian Penal Code. It is alleged by the informant that the petitioner along with others having lathi, rod arrived a the door of her house and started beating her husband brutally. Her husband was shifted to SKMCH, Muzaffarpur and during the treatment her husband died due to sustaining of assault.

It has been submitted on behalf of the petitioner that it is a case and counter case. The petitioner has got no criminal antecedent. Further, it has been submitted that the petitioner has falsely been implicated in the present case due to mistake of fact. There is admitted land dispute between the parties. The petitioner

Patna High Court Cr.Misc. No.23017 of 2015 (3) dt.22-09-2015 is a lady and no specific allegation has been attributed against the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of her arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Muzaffarpur in connection with Baruraj P.S.Case no. 85 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T