Gyanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22484 of 2020 Arising Out of PS. Case No.-79 Year-2019 Thana- INARWA District- West Champaran ====================================================== GYANTI DEVI W/o Sri Rajendra Baitha Resident of Village- Diuliya, P.S.- Inarwa, Distt- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Amiteh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the I.P.C.

Prosecution case, in short, is that the accused persons came variously deadly weapons and started assaulting the husband of the informant by means of lathi, danda, fists and legs, as a result of which her husband fell unconscious and her husband was taken to the

Patna High Court CR. MISC. No.22484 of 2020(2) dt.15-09-2020 2/2 Hospital for treatment and during treatment he died. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.12.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. As per F.I.R, general and omnibus allegation has been made. Petitioner is a lady. From perusal of the postmortem report, it appears that there is no external injury caused on the body of the deceased. The postmortem report does not support the allegations made in the F.I.R. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, West Champaran, Bettiah in connection with Inarwa P.S. case No.79 of 2019.

(Sudhir Singh, J) Narendra/- U T