Pawo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26810 of 2016 Arising Out of PS.Case No. -77 Year- 2014 Thana -KORMA District- SEKHPURA ====================================================== Pawo Devi W/o Kunal Mahto Aged 30 Years R/o Baughat, P.S Korma, District Sheikhpura .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinkar Kumar For the Opposite Party/s : Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-07-2016 Heard Sri Dinkar Kumar, learned counsel for the petitioner and Sri Shyameshwar Dayal, learned A.P.P. The petitioner, who is in custody in connection with Korma P.S. Case No. 77 of 2014 registered for the offence under section 302, 307, 324, 120(B)/ 34 of the Indian Penal Code, has prayed for grant of bail.
It was submitted by learned counsel for the petitioner that initially in the F.I.R. petitioner was also arrayed as one of the accused. In the F.I.R. it was alleged that at the time of occurrence she had provided knife to her husband through which her husband killed his own brother. However, during investigation accusation against the petitioner was found un-true and thereafter petitioner was exonerated by the police vide charge sheet no. 11
Patna High Court Cr.Misc. No.26810 of 2016 (2) dt.12-07-2016 2/2 of 2016 dated 31.3.2016. Her name was incorporated in column no. 12 of the charge sheet. Subsequently, the learned Magistrate differing with the police report has taken cognizance of offence and thereafter, petitioner voluntarily surrendered on 14.6.2016 and she is in custody since then.
Keeping in view the fact that police after investigation exonerated the petitioner, there is no reason to detain the petitioner in custody.
Let the petitioner Pawo Devi 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 Judicial Magistrate 1st Class, Sheikhpura in connection with Korma P.S. Case No. 77 of 2014.
(Rakesh Kumar, J) Praful/- U T