Kaushalya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79099 of 2018 Arising Out of PS. Case No.-78 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== Kaushalya Devi Wife of Late Binda Yadav Resident of Village - Chamardih, P.S.- Chandauti, District- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No-2 For the Opposite Party/s :
Mr.Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2019 This application, for grant of anticipatory bail, arises out of Chandauti P.S. Case No. 78 of 2018, disclosing offences under Sections 341, 323, 325, 307 and 34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added. Allegation as per F.I.R. that co-accused Jhunjhun Yadav and Ram Ishwar Yadav assaulted the uncle of the informant, who sustained serious injuries and succumbed to the injuries and petitioner is alleged to be the order giver for the occurrence.
Submission of learned counsel for the petitioner is that she has not been named in the F.I.R., her name surfaced on the statement of brother of the deceased with allegation that she order for assault, on which, others assaulted the deceased and except that there is no allegation against her.
Patna High Court Cr.Misc. No.79099 of 2018(3) dt.04-02-2019 2/2 Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Gaya, in connection with Chandauti P.S. Case No. 78 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T