Malti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50143 of 2015 Arising Out of PS.Case No. -160 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================
1. Malti Devi wife of Late Baleshwar Yadav resident of village - Netupur, p.s. - Belaganj, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Md.Ashlam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Belaganj P.S. Case No. 160 of 2015 registered for the offences punishable under Sections 447, 448, 341, 323, 337 and 302/34 of the Indian Penal Code.
Allegedly the petitioner and other co-accused named in the F.I.R., started assaulting the informant and further pelted bricks and stones upon the family members of the informant, causing death of three years old female child. It is alleged that they are not partitioning the land and caused the occurrence. Submission is of false implication and that due to land dispute, the petitioner has been implicated, there is no specific
Patna High Court Cr.Misc. No.50143 of 2015 (2) dt.16-12-2015 2/2 allegation against her and she is old widow and mother of the informant and suffering in custody since 26.08.2015. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.
The learned A.P.P. fairly submits that against the petitioner there is no specific allegation.
In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Gaya arising out of Belaganj P.S. Case No. 160 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on her part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U