Patna High CourtCR. MISC./1434/2017allowed

Fulwanti Devi v. The State Of Bihar

2017-02-23Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.1434 of 2017 (3) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1434 of 2017 Arising Out of PS.Case No. -390 Year- 2016 Thana -KHAZANIHAT District- PURNIA ====================================================== Fulwanti Devi W/o- Late Upendra Prasad @ Upendra Prasad Mahto, R/oMohalla- United Agriculture Industries Gope Centre (Biyada) Maranga, P.S.- K. Hat (Maranga), District- Purnea. Permanent R/o- village- Chilmara, Sirniya, P.S.-Katihar (Muffasil), District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 03.09.2016 in connection with K. Hat (Maranga) P.S. Case No. 390 of 2016/G.R. No. 2828 of 2016 registered under Sections 302 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that initially the petitioner, who happens to be informant, has lodged the case against unknown but during course of investigation, on the confession of the son of petitioner, she has been made accused by the police. Admittedly, the son of the petitioner has confessed his guilt for alleged occurrence before the police but did not support the participation of his mother in the alleged occurrence. In fact, there is no witness to support the implication of this petitioner in this case.

Patna High Court Cr.Misc. No.1434 of 2017 (3) dt.23-02-2017 Moreover, petitioner, who is mother of two minor children, is languishing in custody for the last four months for her no fault. Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with K. Hat (Maranga) P.S. Case No. 390 of 2016.

(Arvind Srivastava, J.) brajesh/- U T