Patna High CourtCR. MISC./58670/2018bail granted

Anita Devi v. The State Of Bihar

2018-09-20Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.58670 of 2018 (2) dt.20-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58670 of 2018 Arising Out of PS.Case No. -59 Year- 2018 Thana -KHIRI MORE District- PATNA ======================================================

1. Anita Devi W/o Pramod Yadav, R/o Vill.- Basant Bigha, P.S.- Khiri More, District- Patna (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2018 Heard both sides.

The petitioner seeks bail in Khiri More P.S. Case No.59 of 2018 registered under Section 307 and other Sections of the Indian Penal Code. Later on, vide order dated 07.07.2018, Section 302 of I.P.C. was added after death of Ambika Yadav. The informant, Satyanand Yadav named the accused persons and made specific allegation that as to who assaulted who. The petitioner is not named in the F.I.R. Two Anita Devi, one is wife of Kundan Kumar and another is wife of Vinod Yadav are alleged to be the witness of the occurrence.

Learned counsel for the petitioner submits that name of the petitioner figured in the case during the course of investigation in para 27 of the case diary. The witness alleged that the petitioner

Patna High Court Cr.Misc. No.58670 of 2018 (2) dt.20-09-2018 was also seen throwing bricks from the roof of the house but from perusal of the fardbeyan, it would appear that the informant made specific allegation against all the accused persons and the informant did not allege in the F.I.R. that anybody was injured in brickbat.

Considering the facts aforesaid and the fact that petitioner is a lady, the petitioner, above named, is directed to be enlarged 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 A.C.J.M.-III, Danapur in connection with Khiri More P.S. Case No.59 of 2018.

(Prabhat Kumar Jha, J) Saurabh/- U T