Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24814 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Indu Devi Wife of Sri Inesh Giri, Resident of Village- Inerwa Bazaar, P.S.- Inerwa, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashish Giri, Advocate For the Informant : Mr. Sachidanand Rai, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.03.2017 in connection with Inerwa P.S. Case No. 27 of 2017 for the alleged offences under Sections 341, 323, 307, 302, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and in any event the only allegation against the petitioner is of handing over a 'farsa' to her husband Inesh Giri and asked him to hit the son of the informant. It is also alleged that the petitioner dragged the informant by pulling her hair. It is submitted that the allegation of assault with 'farsa' by her husband has also not supported by the injury report nor from the post mortem report of the deceased Ashwani Kumar Giri. Besides, the injury report of Anjani Kumar Giri also discloses injury caused by fire arm. The petitioner is not accused of having assaulted the deceased and has no criminal antecedents.

Patna High Court Cr.Misc. No.24814 of 2017 (3) dt.01-07-2017

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the fact that the petitioner is a lady who claims clean antecedents, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Inerwa P.S. Case No. 27 of 2017on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner will be well represented on each and every date and if she fails to do so on two consecutive dates without sufficient reason, her bail bond will be liable to be cancelled by the Court concerned.

(Vikash Jain, J) Chandran/BT U T