Nilam Devi @ Amrita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62021 of 2018 Arising Out of PS. Case No.-306 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Nilam Devi @ Amrita Devi, Wife of Mithilesh Rai, Resident of VillageOlipur Tarari, Police Station- Runnisaidpur, District- Sitamarhi. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the parties.

This application for regular bail arises out of Runnisaidpur P.S. Case No. 306 of 2018 for the offences under Sections 147, 323, 504, 324, 307, 302/34 of the Indian Penal Code.

The petitioner is the wife of co-accused Mithilesh Rai. As per the allegation, all the accused persons were variously armed. The petitioner was allegedly carrying lathi. It is alleged that all the accused persons assaulted the informant's husband, leading to his death.

Learned counsel appearing on behalf of the petitioner contends that there is no specific allegation against her of having assaulted the deceased. He also contends that she has been maliciously made accused only because she is the wife of

Patna High Court Cr.Misc. No.62021 of 2018(2) dt.08-10-2018 2/2 co-accused Mithilesh Rai.

On perusal of the First Information Report, I find that there is no specific allegation of assault against this petitioner. Considering the above noted facts, this application is allowed.

Let the petitioner above named be released on bail on 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, Sitamarhi, in Runnisaidpur P.S. Case No. 306 of 2018.

(Chakradhari Sharan Singh, J) Pawan/- U T