Arti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31411 of 2021 Arising Out of PS. Case No.-199 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== ARTI DEVI Wife of Gagandeo Bhagat Resident of Village - Chauhaniya, P.S.- Madhuban, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2021 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Binod Kumar, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Madhuban PS Case No. 199/2020 registered for the offence punishable under Sections 302/34 of the IPC.

The allegation against the petitioner as, per First Information Report, is that she along with five other accused persons, allegedly, assaulted the husband of the informant by means of Lathi due to which he died.

Learned counsel for the petitioner submits that both the parties are agnates and there is land dispute between them. He further submits that the petitioner is a lady and sister-in-law of the informant (Gotni) and she has falsely been implicated in this case due to ongoing land dispute. Learned counsel further submits that husband of the petitioner including her brother-inlaw, total three male members have been made accused along with the petitioner who is a lady along with on another lady i.e.,

Patna High Court CR. MISC. No.31411 of 2021(2) dt.13-12-2021 2/2 sister-in-law of the informant in the present case. Learned counsel next submits that petitioner is in custody since 16.01.2021 having no criminal antecedents. Learned counsel further submits that Annexure-2 is a postmortem report and from perusal of the same, it would be evident that only one lacerated wound has been found on the right side of head of the deceased.

Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are closely related and there is land dispute between them, allegation is general and omnibus in nature and petitioner being lady is in jail since 16.01.2021, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, ARTI DEVI 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 Miss Jyotsana, learned Judicial Magistrate 1st Class, East Champaran at Motihari in connection with Madhuban PS Case No. 199/2020.

(Anil Kumar Sinha, J) perwez U T