Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55593 of 2017 Arising Out of PS.Case No. -444 Year- 2017 Thana -AMARPUR District- BANKA ======================================================
1. Anita Devi W/o Sri Ashok Yadav, R/o Village- Sihuri, P.S.- Amarpur, District- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vivekanand Vivek For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-11-2017 Heard the counsels for the parties.
The petitioner seeks bail in connection with Amarpur P.S. Case No. 444/2017 dated 14.09.2017 instituted for the offences under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal, but after the death of the informant a day after the lodging of the case, Section 302 of the Indian Penal Code was added.
From the F.I.R., it appears that the petitioner along with others assaulted the informant/deceased by means of lathi and danda etc.
Learned counsel for the petitioner has drawn the attention of this Court to an earlier case lodged by one of the accused persons of the present case against the informant and
Patna High Court Cr.Misc. No.55593 of 2017 (2) dt.30-11-2017 2/2 others. In the earlier case, referred to above, there is a reference of dispute with the deceased over cutting of grass. The post-mortem report, which has been annexed as Annexure-3 to this petition, reveals that the death of the deceased was natural and was due to the disease of heart.
Regard being had to the aforesaid facts and the period of custody of the petitioner, which is from 15.09.2017, this Court is inclined to grant bail to her.
The petitioner above named is directed to be released on bail on her furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 444/2017. (Ashutosh Kumar, J.) Rakhi U T