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Patna High CourtCR. MISC./28829/2019allowed

Bibha Devi v. The State Of Bihar

2019-07-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28829 of 2019 Arising Out of PS. Case No.-225 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== BIBHA DEVI Wife of Badri Thakur Resident of Village- Kuiya, P.S.- Saraiya (Jaitpur O.P.), District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 225 of 2018 for the offence under Sections 341, 323, 341, 316, 302, 504, 506 and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, only two bruise on the upper part of abdomen has been found on the person of deceased and no other injuries have been found on her body which is evident from the Post Mortem report itself. The doctor has opined that deceased died due

Patna High Court CR. MISC. No.28829 of 2019(4) dt.08-07-2019 2/2 to peritoneal septicemia and shock caused due to internal unbalancing of the fetus. The petitioner who is a woman is languishing in judicial custody since12.03.2019. Considering the facts and circumstances of the case, let the, above named, petitioner 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 the learned 1st A.C.J.M., (west) Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 225 of 2018. (Arvind Srivastava, J) brajesh/- U T