Damodari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45875 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -HATHAURI District- SAMASTIPUR ====================================================== Damodari Devi wife of Ram Udgar Mandal, resident of Village- Ganauli, P.S. Hathauri (Shivajinagar O.P.), District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Ms. Babita Kumari For the Opposite Party : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 302/34 of the Indian Penal Code.

The allegation against the petitioner is of catching hold of the hand of the deceased along with co-accused Jaibir Kumar and her husband namely Ram Udgar Mandal is said to have given knife blow on the chest of the deceased, as a result of which, he fell down on the ground and died on way to hospital. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.06.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.45875 of 2016 (2) dt.24-10-2016 2/2 witnesses alleged against the petitioner. The petitioner is a lady. No injury has been attributed against the petitioner. The main allegation is against co-accused Ram Udgar Mandal, who is said to have given a knife blow on the deceased, which lead to his death.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Judicial Magistrate, 1st Class, Rosera, Samastipur in connection with Hathauri (Shivajinagar) P.S. Case No. 53 of 2016.

(Sudhir Singh, J.) Amit/- U T