Lalpari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15765 of 2018 Arising Out of PS. Case No.-69 Year-2000 Thana- ISLAMPUR District- Nalanda ====================================================== Lalpari Devi W/o Rajballabh Paswan, R/o Village- Jaitipur, P.S.- Islampur, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Islampur PS Case No.69 of 2000, giving rise to Sessions Trial No.42 of 2018, registered under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act. Allegation in brief is that accused persons turned up and started abusing the informant side, when the father of the informant made protest then one accused asked the petitioner to bring rifle and she handed over the rifle to her husband and he shot at the father of the informant and killed him. It is also alleged that Shyamlal Paswan shot at the mother of the informant who also died.

Learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.15765 of 2018(3) dt.11-05-2018 2/2 land dispute between both sides and there is no overt act against the petitioner to open fire rather the allegation is specific against her husband Rajballabh Paswan that he opened fire and killed the father of the informant.

Having considered the fact that specific overt act of killing the father of the informant is against the husband of the petitioner, so petitioner Lalpari 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 learned 1st Additional District & Sessions Judge, Hilsa in connection with Islampur PS Case No.69 of 2000, giving rise to Sessions Trial No.42 of 2018.

(Arun Kumar, J) S.KUMAR/- U T