Chanda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38041 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Chanda Devi, wife of Kailash Prasad Gupta, resident of Mohalla Balbhadrapur, P.S. Laheria Sarai, District Darbhanga. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Narayan For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Laheria Sarai P.S. Case No. 108 of 2017 registered under Section 341, 323, 324, 307, 379, 504, 427 and 326/34 of the Indian Penal Code. As per the prosecution case, during the course of getting the shop vacated, on the order of Kailash Prasad Gupta his wife and daughter brought the petrol in gallons. Thereafter, the sons of the petitioner, namely, Pradeep Kumar Gupta, Praveen Kumar Gupta and Gaurava Gupta douse the petrol on the deceased and Praveen Kumar Gupta set him ablaze, as a result whereof the victim sustained severe burn injury and later on succumbed to his injury during the course of treatment.
It has been submitted by learned counsel for the
Patna High Court Cr.Misc. No.38041 of 2017 (02) dt.10-08-2017 2/2 petitioner that the petitioner is not the assailant. The allegation levelled against the petitioner is only of taking petrol at the place of occurrence obliging her husband. The petitioner happens to be lady. There is a property dispute between the parties and preceding to the occurrence the husband of the petitioner and her son informed to the Director General of Police, Patna and the learned Chief Judicial Magistrate regarding the threat given by the informant. The petitioner has been languishing in custody since 25.03.2017.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheria Sarai P.S. Case No.108 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T