Sarita Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.18902 of 2015 (02) dt.08-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18902 of 2015 Arising Out of PS.Case No. -103 Year- 2014 Thana -PAKARIBARAW District- NAWADA ====================================================== Sarita Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava-Advocate For the Opposite Party/s : Mr. Renuka Ratnakar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor assisted by learned counsel for the informant.

Informant had alleged that after hearing groaning sound of his maternal grand mother, he came down from the roof and found two persons fleeing there from. He had also seen one person coming out from the room wherein his maternal grand mother was sleeping having armed with Fasuli, which was caught hold of, however, assaulted and on account thereof, informant sustained injury over his hand. The assailant was identified as Jitu Vishwakarma. Furthermore, informant had claimed identification of the other co-accused, who managed to escape being Sitaram Vishwakarma as well as Raushan Vishwakarma, son of the petitioner. It has also been asserted that on account of land dispute

Patna High Court Cr.Misc. No.18902 of 2015 (02) dt.08-05-2015 prevailing since before, Sarita Devi is the kingpin, who hatched conspiracy and got it finally executed by causing murder of the deceased.

Save and except assertion and allegation, so attributed as referred above, nothing more has been brought up against the petitioner. However, learned Additional Public Prosecutor assisted by learned counsel for the informant has submitted that call details have been taken out from which it will be apparent that petitioner had talk with the accused persons before the occurrence. The aforesaid theme, even if admitted, is not going to suggest that talk amongst the parties were with regard to elimination of the deceased. Furthermore, petitioner happens to be under custody since 15.02.2015.

Accordingly, petitioner, Sarita Devi is directed to 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 Sub-divisional Judicial Magistrate, Nawada in connection with Pakribarawan P. S. Case no.103 of 2014.

(Aditya Kumar Trivedi, J) Vikash/- U T