Gudia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26967 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Gudia Devi, Wife of Sintu Kumar, Resident of Kali Sthan, Baikunthpur, P.S.- Sultanganj, District- Bhagalpur (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sultanganj P.S. Case No. 19/17 for offences punishable under Section 302 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while she was cooking food with her one year old daughter in her lap, the petitioner, who is her gotni, came and asked for fire wood, which was denied. A minor scuffle took place between the informant and the petitioner and it is alleged that one year old daughter was thrown on the ground by the petitioner, which resulted in her death.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.26967 of 2017 (3) dt.05-07-2017 2/2 the petitioner that she is innocent, bears no criminal history and is also a family member of the informant and as a result of minor scuffle one year old girl child was dropped from the lap of the informant. He submits that the charge-sheet has been submitted under Section 304 of the Indian Penal code and that the petitioner has a one year old baby and is in advanced stage of pregnancy, hence, a sympathetic consideration be taken.

However, learned APP for the State opposes the prayer for bail.

Be that as it may, let petitioner, above named, be enlarged 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 Addl. Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 19/17, subject to the condition that the petitioner will cooperate during trial and will appear before the court below as and when required by the court below, failing which her bail bonds shall be liable to be cancelled. (Nilu Agrawal, J) Rajesh/- U T