Antima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34388 of 2019 Arising Out of PS. Case No.-498 Year-2018 Thana- BAGHA District- West Champaran ====================================================== ANTIMA DEVI Wife of Sriram Ram Resident of Village - Dumariya, P.S.- Bagaha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 10.10.2018 has filed the instant application for grant of bail in connection with Bagaha P.S. Case No. 498 of 2018 registered for the offence punishable under sections 302 and 201 of the Indian Penal Code.

As per the allegation in the FIR, it is alleged by the informant-husband that the petitioner-wife after quarrel, proceeded with two children who are aged about 4 years and 9 months respectively to throw them in the canal. It is submitted that she also jumped in the canal but she was pushed ashore. It is submitted by learned counsel for the petitioner that the petitioner out of anger jumped into the canal with her

Patna High Court CR. MISC. No.34388 of 2019(5) dt.18-09-2019 2/2 two children and having lost his balance the informant lodged the instant case on incorrect allegations. There is no eye witness to the occurrence and the petitioner is in custody since 10.10.2018.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the fact that the petitioner who is in custody since 10.10.2018 was also the mother of the deceased, let the petitioner above named be enlarged 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 learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 498 of 2018. (Partha Sarthy, J) Bibhash/- U