Chinta Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.1649 of 2017 (2) dt.18-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1649 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ====================================================== Chinta Devi wife of Prabhu Manjhi, R/o village- Bhaisahi, P.S.- Manjhagarh, District- Gopalganj .... .... Petitioner

Versus

The State of Bihar ... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Manjhagarh P.S. Case No. 80 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegedly, Prabhu Manjhi was abusing his father in filthy languages and then the husband of the informant forbade him and in the meantime the petitioner gave spear to her husband Prabhu Manjhi and told her husband to kill him and then Prabhu Manjhi after taking spear gave spear blow in the armpit of Birendra Manjhi which proved fatal to him.

Submission is of false implication and that the petitioner has not participated in the assault, the only allegation is that she has given spear to her husband and gave order to kill the husband of the informant and as such the petitioner deserves sympathetic

Patna High Court Cr.Misc. No.1649 of 2017 (2) dt.18-01-2017 consideration to which the learned APP opposes. In the facts and circumstances stated above, considering that the petitioner is not the assailant, the petitioner above named in case of her surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of 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, Gopalganj in connection with Manjhagarh P.S. Case No. 80 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T