Chano Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18561 of 2018 Arising Out of PS.Case No. -23 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Chano Devi, W/o Late Saryug Yadav, Resident of Village- Palasi Ward No.- 06, Narpatganj, P.S.- Narpatganj, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Narpatganj P.S.Case No. 23 of 2017 registered under Sections 302/34, 120-B of the Indian Penal Code and Section 27 of the Arms Act.

According to the First Information Report, one Suraj Yadav @ Tuntun Yadav is said to have opened fire which hit on the back of the husband of the informant. Thereafter, one Ranjit Yadav opened fire causing gun shot injury in his head. When the victim was taken to Sub-Divisional Hospital, Farbesganj, the doctor declared him 'brought dead'. In the later part of the First Information Report, it has been alleged that the petitioner, mother

Patna High Court Cr.Misc. No.18561 of 2018 (2) dt.06-04-2018 2/2 of the accused Suraj Yadav and one Nira Devi, her daughter had conspired in commission of the alleged crime. Submission of the learned counsel for the petitioner in defence is that name of the petitioner has been given by the informant, who claims herself to be an witness, only because she happens to be mother of the main accused Suraj Yadav. He submitted that the petitioner is an old lady having no criminal antecedent.

Having regard to the nature of allegation made in the First Information Report and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S.Case No. 23 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T