Pinki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45061 of 2015 Arising Out of PS.Case No. -468 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Pinki Devi Wife of Manoj Dom Resident of Mohalla - Pul Ghat Barari, P.S. Barari, District - Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Ganesh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.
22-12-2015 Heard both sides.
The petitioner apprehends her arrest in Kotwali (Barari) P.S. Case No. 468/2015, registered for the offences punishable under Section 302 and 34 of the Indian Penal Code. The informant alleged that her own brother Manoj Dom and his wife Pinki Devi came and began to abuse her, when she protested Pinki Devi caught her and began to assault her. But in the meantime Manoj Dom snatched her child from her lap and put her down on the ground causing the death of the child. It is submitted that there is no allegation of assault of child against the petitioner.
Considering the fact that petitioner is a lady and she did
Patna High Court Cr.Misc. No.45061 of 2015 (3) dt.22-12-2015 2/2 not assault the child and it was Manoj Dom who is staid to have snatched and threw the child on the ground causing his death, the petitioner, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 468/2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T