Shanti Devi @ Kanti Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.42554 of 2015 (2) dt.08-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42554 of 2015 Arising Out of PS.Case No. -68 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== SHANTI DEVI @ KANTI DEVI, WIFE OF LATE SIPAHI PASWAN, RESIDENT OF VILLAGE KALYANPUR P.S BIDDUPUR DISTT VAISHALI.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Md. Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Bidupur P.S. Case No. 68 of 2015 registered under Sections 341, 323, 354, 504, 447, 448 and 302/34 of the Indian Penal Code. The accusation is that Ruby Kumari, daughter of informant, was intercepted by Suresh Paswan, son of petitioner, in course of returning from her school. Thereafter, when informant went to the house of the petitioner and complained about the aforesaid occurrence then petitioner along with others started to abuse informant. Therefore, informant returned her house but the petitioner along with others armed with lathi and danda entered in the house of the informant and started to assault her. In the
Patna High Court Cr.Misc. No.42554 of 2015 (2) dt.08-10-2015 meantime, Lakhpatiya Devi, mother of informant, was also assaulted by Suresh and Sonu through lathi and danda. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior motive. It is further submitted that in the postmortem report no any external injury was found on the dead body of Lakhpatiya Devi and cause of death is syncope. It is further submitted that coaccused, Sonu Kumar, has already been granted privilege of anticipatory bail by a Bench of this Court vide order dated 09.07.2015 passed in Criminal Misc. No. 22017 of 2015.
Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, 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, Vaishali, Hajipur, in connection with Bidupur P.S. Case No. 68 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T