Malti Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44629 of 2023 Arising Out of PS. Case No.-175 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Malti Sinha wife of Late Guru Sahay Mahto @ Krishnandan Prasad Sinha Village- Rani Sarai Ps- Giriyak Pawapuri Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhas Ranjan For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
3. As per the prosecution case, co-accused Shashi Kumar assaulted with spade on the head of Rekha Kumari (deceased), as a result of which she died on the spot. Coaccused Shashi Kumar is husband of the deceased.
4. It is submitted that petitioner is mother of coaccused Shashi Kumar. The only allegation against this petitioner is that she is also involved in the occurrence. Specific accusation of assault is against co-accused Shashi Kumar who is already in custody. There is no allegation of assault against the
Patna High Court CR. MISC. No.44629 of 2023(3) dt.22-08-2023 2/2 petitioner. Petitioner is mother-in-law of the deceased and claims clean antecedent and aged about 81 years old.
5. However, counsel for informant vehemently opposed the prayer for bail.
6. Considering the facts aforesaid, the petitioner above-named, in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Nalanda in connection with Giriyak (Pawapuri) P.S. Case No. 175 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T