Kaushalya Devi @ Kosila Devi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24807 of 2015 Arising Out of PS.Case No. -99 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ======================================================
1. Kaushalya Devi @ Kosila Devi Wife of Mohan Singh
2. Ram Prasad Singh Son of Late Satya Narain Singh Both resident of village - Kuiyan, P.S. Saraiya, ( Jaintpur O.P. ), District - Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2015 The application with regard to petitioner no.2 has already been withdrawn since he has been arrested. The petitioner no.1 is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 504 and 307/34 of the Indian Penal Code and Section 25(1-B)a, 26, 27 and 35 of the Arms Act.
It is alleged that two unknown persons came on motorcycle and on instigation of petitioner no.1 one person caught the neck of the informant the other pillion rider fired which did not hit the informant. On hearing the gun shot firing, villagers came and caught one of them who disclosed his name as Subham Raj and also disclosed the name of other accused who escaped from the scene as Rajul Kumar. From the apprehended accused
Patna High Court Cr.Misc. No.24807 of 2015 (3) dt.10-07-2015 2/2 one pistol and two live cartridges were recovered. It is submitted by learned counsel for the petitioner that due to previous enmity, the accusation has been levelled as petitioner no.1 lodged Saraiya P.S. Case No. 303 of 2013 against the brother of the informant and proceeding under Section 107 Cr. P.C. is also pending between the parties. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforementioned fact and the fact that the petitioner is a lady, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., West Muzaffarpur in connection with Saraiya P.S. Case No. 99 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T