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Patna High CourtCR. MISC./26246/2019bail granted

Radhika Devi v. The State Of Bihar

2019-06-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26246 of 2019 Arising Out of PS. Case No.-341 Year-2018 Thana- BARHARIA District- Siwan ====================================================== RADHIKA DEVI, Wife of Shiv Kumar Sah, Resident of Village - Awarai, P.S. - Barharia, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code. During occurrence of assault, the petitioner allegedly committed injury with a brick at the father-in-law of the informant as a result whereof he died.

Submission is that petitioner is a female having no criminal antecedent. Petitioner is in custody since 01.11.2018. Investigation of the case is already complete and the nature of allegation would suggest that this was not a case of intentional murder because the injury was caused during occurrence of assault and there is no allegation of repetition of blow with brick.

Considering the facts of this case, especially, the fact

Patna High Court CR. MISC. No.26246 of 2019(3) dt.12-06-2019 2/2 that the petitioner is a female, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Barharia Police Station Case No. 341 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T