Amala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40317 of 2016 Arising Out of PS.Case No. -111 Year- 2014 Thana -KISHUNPUR District- SUPAUL ====================================================== Amala Devi, W/o Manoj Yadav, resident of village - Tulapatti, P.S. Kishanpur, District - Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Ms. Rashmi Jha, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Kishanpur P.S. Case No. 111/14 for offences alleged under Sections 302/34 of the Indian Penal Code.

Allegation is that one Manoj Yadav hurled a bamboo blow on the head of Lalan Yadav, on which he fell down sustaining bleeding injury. In the meantime, petitioner came running holding a bhala in her hand and ordered the accused persons to kill Lalan Yadav, on which all the accused persons brutally assaulted him due to which he became unconscious and during treatment he died.

It has been submitted by the learned counsel for the petitioner that she is the wife of co-accused Manoj Yadav

Patna High Court Cr.Misc. No.40317 of 2016 (2) dt.19-10-2016 2/2 against whom allegation has been made and she has falsely been implicated in the aforesaid case. He submits that she has not inflicted any injury on the deceased Lalan Yadav and is innocent. He further submits that co-accused Manoj Yadav is languishing in custody and that the petitioner has no criminal antecedent. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, let petitioner, above named, in the event of her arrest or surrender before the court below within a period of eight weeks from today, 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 learned Chief Judicial Magistrate, Supaul, in connection with Kishanpur P.S. Case No. 111/14, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T