Leela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21985 of 2016 Arising Out of PS.Case No. -204 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Leela Devi, Wife of Ram Babu Rai, Resident of village - Gidhani, P.S. Mushari, District - Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhakar Jha For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mushahari P.S. Case No. 204 of 2015, registered under Section 302/34 of the Indian Penal Code.

The accusation is that petitioner along with two others named in the F.I.R. were cutting the Semal tree belonging to the informant, when father of the informant Shivjee Rai reached there and got protest then at the order of other coaccused, this petitioner caused injury from the back of the Garasa at back portion of the head of the Shivjee Rai, who died after six days of the occurrence. Learned counsel for the petitioner submits that there is allegation of informant, who is said to be eye-witness of the occurrence that injury was caused

Patna High Court Cr.Misc. No.21985 of 2016 (2) dt.27-07-2016 2/2 by this petitioner, who is a lady, from the back of the Garasa behind the head of the father of the informant, but in the Postmortem report an abrasion 1"X1/2" over the right side was found. Further submission is that petitioner is the lady and there is no allegation of causing injury through sharp portion of the Garasa and there is no allegation of repetition of blow. The petitioner is in custody since 06.01.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Judge-III-cum-A.C.J.M., Muzaffarpur in connection with Mushahari P.S. Case No. 204 of 2015. (Rajendra Kumar Mishra, J.) manish/- U T