Samri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3676 of 2021 Arising Out of PS. Case No.-166 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== Samri Devi, aged about 50 years, female, Wife of Jagdish Kora, Resident of Village-Raja Sarai, P.S.- Haveli Kharagpur, District-Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Adv.

For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-10-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in connection with Kharagpur P.S. Case No. 166 of 2020, dated 02.07.2020, instituted for the offences under Sections 341, 323, 325, 307, 302, 504 and 34 of the Indian Penal Code.

It has been alleged in the F.I.R. by the wife of the

Patna High Court CR. MISC. No.3676 of 2021(3) dt.26-10-2021 2/3 deceased that because of her family not sharing the meat of the sacrificial goat, the petitioner, her husband and her son assaulted the members of the prosecution party, as a result of which two of them were seriously injured and the husband of the informant succumbed to the injuries.

It has been submitted on behalf of the petitioner that though she has been named in the F.I.R. along with her son and husband, but there is no accusation of any assault on her. Only the son of the petitioner, namely, Kapil Kora is said to have assaulted the son, the daughter-in-law and the husband of the informant. Unfortunately, the husband of the informant died because of the injuries suffered by him. The learned counsel for the petitioner has also drawn the attention of this Court to the fact that aforesaid Kapil Kora and his father, namely, Jagdish Kora, both, have been granted regular bail by a Bench of this Court. In that view of the matter, especially keeping in mind that there is no accusation of assault on the petitioner and taking into account her gender, she, in the event of her arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.3676 of 2021(3) dt.26-10-2021 3/3 period of eight weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Munger in connection with Kharagpur P.S. Case No. 166 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T