Shobha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42680 of 2016 ====================================================== Shobha Devi, W/O Kari Paswan, Resident of Village- Hariharpur Chakudho, P.S. Teghra, District- Begusarai.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Kaushal Kumar Singh, Advocate Mr. Niraj Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307, 302 and 354 of the Indian Penal Code.
It is contended that initially the case was registered under Sections 341, 323, 307, 354/34 of the Indian Penal Code, however, after the death of the injured on 10.02.2016, Section 302 of the Indian Penal Code was added.
It is further contended on behalf of the petitioner that she has been implicated in this case only on the basis of suspicion as it is stated in the First Information Report that she was also seen by wife of Kari Paswan going to the filed for the purpose of attending natural call. It is submitted that, thereafter, the daughter of the
Patna High Court Cr.Misc. No.42680 of 2016 (2) dt.05-10-2016 2/2 informant, who was found in unconscious state, was treated for one month and, during treatment, she died and, thereafter, cremated. Till then nothing has been stated. Subsequently, the informant again stated that she has come to know that the petitioner took her for attending natural call and her sister's son Karo Paswan had assaulted the daughter of the informant. It is urged that there is nothing on record to establish that what type of injury was sustained by the deceased and what was the reason for cause of her death.
Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No.07 of 2016, with a further condition that one of the bailors must be a close relative or family member of the petitioner who shall file affidavit before the concerned court giving complete genealogy to show his/her relationship with the petitioner.
(Dr. Ravi Ranjan, J) V.K. Pandey/- U T