Ramkali Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50627 of 2014 Arising Out of PS.Case No. -300 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Ramkali Devi wife of Sri Jitendra Thakur resident of Village- Gorhna, P.S. Bihta, Dist- Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Vivekanand Vivek, Advocate For the State: Mr. Anita Kumari, APP For the Informant: : Mr. Kameshwar Pd. Sinha, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and the State as well as the informant.
Petitioner seeks bail in a case registered for offences punishable under Sections 147, 149, 341, 323 and 307 of the Indian Penal Code but later on section 302 of the Indian Penal Code was also added. .
It is submitted on behalf of the petitioner that he is not named in the first information report but subsequently in paragraph 2 of the case diary the informant has named her in her restatement alleging that she was also present there ordering the accused persons to assault the son of the informant in manner that he could not survive. In paragraph 27 of the case diary also Arvind Kumar has alleged that the petitioner had called the co-accused
Patna High Court Cr.Misc. No.50627 of 2014 (4) dt.04-03-2015 persons on telephone at the place of occurrence. Learned counsel further submits that had the petitioner been present at the place of occurrence she could have easily named the informant as the informant claims to be an eye-witness of the occurrence. Restatement of the informant and the statement of other witnesses appear to be an afterthought. Learned counsel contends that the petitioner is a lady and, at best, allegation of order giver can be leveled against her. She is stated to be in custody since 30.05.2014.
Having regards to the facts and circumstances of the case, the petitioner, namely, Ramkali Devi, is directed to be released on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Danapur in Bihta P.S. Case No. 300/2014.
(Dr. Ravi Ranjan, J) SC/- U T