Urmila Devi @ Neelam Devi @ Urmila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63808 of 2018 Arising Out of PS. Case No.-328 Year-2017 Thana- GOGRI District- Khagaria ====================================================== Urmila Devi @ Neelam Devi @ Urmila, Wife of Dular Chandra Das, Resident of Village- Naya Tola Bandhiya( Navtol Bandiya), Police StationGogri (O.P. Paura), District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 302 and 34 of the Indian Penal Code. The prosecution case, in short, is that accused persons came to the house of the informant and demanded money and on refusal, the accused persons assaulted the mother and brother of the informant with lathi due to which the brother of the informant succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that the petitioner, who is a lady, has

Patna High Court Cr.Misc. No.63808 of 2018(2) dt.19-12-2018 2/2 given a bamboo in the hand of her husband namely Dular Chand Das. The said Dular Chand Das is said to have assaulted the mother of the informant. It is further submitted that there is no injury report in support of the allegations made in the F.I.R. in respect of the mother of the informant. There is no allegation of overt act alleged against the petitioner for causing death of the deceased.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri (Paura) P.S. Case No. 328 of 2017 corresponding G.R. No. 2065/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T