Morwa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32968 of 2019 Arising Out of PS. Case No.-59 Year-2018 Thana- KHIRI MORE District- Patna ====================================================== Morwa Devi, Wife of Mohan Yadav @ Mohan Lal Yadav, Resident of Village- Basant Bigha, Police Station- Khiri More, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Singh For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Khiri More P.S. Case No. 59 of 2018/ S. Tr. No. 705 of 2018, registered under Sections 341, 323, 325, 307 and 504/34 of the Indian Penal Code. Later on, Section 302 of the Indian Penal Code has been added.
The accusation is that on 28.06.2018 at bout 10 A.M. Amod Yadav, Promod Yadav, Mohan Yadav, Satish Yadav, Suresh Yadav and Sangeeta Devi came near the informant and assaulted him. At that time, Promod Yadav assaulted to him through butt of the pistol causing injury at his head. Thereafter, Promod Yadav again assaulted through iron rod to him causing
Patna High Court CR. MISC. No.32968 of 2019(2) dt.20-05-2019 2/3 fracture injury at his hand. Thereafter, Satish Yadav assaulted to Vikash Yadav through iron rod causing fracture injury at his left hand whereas Mohan Yadav assaulted to Ambika Yadav through Garasa, causing injury at his head and thereafter, Suresh Yadav also assaulted to Ambika Yadav causing injury at his wrist. In the meantime, Amod Yadav snatched the gold chain from the neck of Binod Yadav whereas Satish Yadav assaulted to him through Garasa causing injury at his head whereas Sanjeeta Devi pelting stones from the top of the roof. Later on, Ambika Yadav died in course of treatment.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is not named in the F.I.R. but in course of investigation, only it has come that this petitioner was also indulged in pelting stones from the top of the roof and petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Danapur, Patna, in connection with Khiri
Patna High Court CR. MISC. No.32968 of 2019(2) dt.20-05-2019 3/3 More P.S. Case No. 59 of 2018/ S. Tr. No. 705 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T