Devanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65728 of 2018 Arising Out of PS.Case No. -156 Year- 2018 Thana -VIJAYEPUR District- GOPALGANJ ====================================================== Devanti Devi, Wife of Rajesh Ram, Resident of Village- Pagara Bazar, P.S.- Bijayipur, District- Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Mishra, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Vijayipur P.S. Case No. 156/2018 (G.R. No. 3351/2018), registered for the offences punishable under Sections 307, 302 and 34 of the Indian Penal Code.

Allegation against the petitioner and other co-accused is that they variously armed came at the house of informant and attacked with hard and blunt substance and also inflicted knife blow upon the husband and brother-in-law (devar) of the informant causing grievous injury. Later on, informant's husband succumbed to the injury.

It has been submitted that petitioner has falsely been implicated in this case. Name of petitioner inserted lastly in the

Patna High Court Cr.Misc. No.65728 of 2018 (2) dt.06-11-2018 2/3 F.I.R. Informant is the wife of deceased and sister-in-law (Gotani) of petitioner. There is no specific allegation against her. Moreover, at the time of occurrence the petitioner was at the last stage of pregnancy, so her involvement in the incident is unbelievable. Petitioner and Informant are close relative.

Petitioner has no criminal antecedent. She is in custody since 26.07.2018.

Considering the facts aforesaid and fact that petitioner is 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 Chief Judicial Magistrate, Gopalganj in connection with Vijayipur P.S. Case No. 156/2018 (G.R. No. 3351/2018), subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.65728 of 2018 (2) dt.06-11-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T