Hema Singh @ Hemanti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54779 of 2016 Arising Out of PS.Case No. -56 Year- 2016 Thana -BHAGWAN BAZAR District- SARAN ======================================================

1. Hema Singh @ Hemanti Singh, Wife of Brajesh Kumar Singh, Resident of Mohalla- Rajendra Sarowar, Power House Colony, P.S.- Chapra Town, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No. 56 of 2016 for the offence punishable under sections 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that as per the first information report there is allegation of assault against one Brajesh who had assaulted by bat. It has also been alleged that thereafter the petitioner and other accused persons assaulted by the wicket. However, the post mortem report shows that there is only one injury on the person of the deceased. It has also been stated that the petitioner has no concern with the affairs of the deceased family and he has been falsely implicated in this case and is in custody since 13.06.2016 i.e. for about seven

Patna High Court Cr.Misc. No.54779 of 2016 (3) dt.28-01-2017 2/2 months. The petitioner is a lady.

Heard learned A.P.P. as well as learned counsel for the informant who have opposed the prayer for bail. Having heard both sides. In view of the submission of the petitioner and also the F.I.R. from which it appears that it was Brajesh who assaulted the deceased with bat and thereafter three other persons assaulted the deceased with wicket and that the petitioner has already remained in custody for about seven months, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.20,000/-(Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 56 of 2016 subject to the conditions that he will cooperate in disposal of the trial and shall make himself available on each and every date fixed in the case and on failure to appear on two consecutive dates, the petitioner will make himself liable for cancellation of bail bonds. With the above conditions, prayer for bail of the petitioner is allowed.

(Vinod Kumar Sinha, J) chn/- U