Malti Devi v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1659 of 2017 (2) dt.05-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1659 of 2017 Arising Out of PS.Case No. -225 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================

1. Malti Devi, Wife of Anil Das, resident of Village- Seba, P.S.- Gidhaur, District- Jamui.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Umesh Prasad, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-06-2017 Heard learned counsel for the appellant and learned A.P.P. for the State.

Appellant is in custody since 23.12.2016 in connection with Laxmipur (Gidhaur) P.S. Case No. 225 of 2015 registered under Sections 302/34 of the Indian Penal Code and Section 3(i)(x) of the S.C./S.T. (Prevention of Atrocities) Act.

Learned counsel for the appellant has submitted that the appellant, who is of clean antecedent, is innocent and has not committed any offence. In fact, the appellant has not been named in the F.I.R. rather she has been implicated in this case merely on the basis of suspicion. Moreover, the co-accused, Gujary Devi has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 28624 of 2016.

Considering the facts and circumstances of the case, let

Patna High Court CR. APP (SJ) No.1659 of 2017 (2) dt.05-06-2017 the appellant, 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 Judicial Magistrate, 1st Class, Jamui in connection with Laxmipur (Gidhaur) P.S. Case No. 225 of 2015.

This appeal is, accordingly, allowed.

(Arvind Srivastava, J) brajesh/- U T