Bibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56641 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -MAHESHKHUNT District- KHAGARIA ====================================================== Bibha Devi, Wife of Yogendra Yadav, Resident of Village- Vidyarthi Tola, Pakrail, P.S.- Maheshkhut, District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 07-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Maheshkhut P.S. Case No.116 of 2016/G.R. No.2650 of 2016 registered under Sections 302/34 of the Indian Penal Code. The accusation is that in the evening of 16.12.2016, the informant carried the bamboo, after cutting from the bamboo clamp, to his house in which there was also share of Yogo alias Yogendra Yadav. Thereafter, Yogendra Yadav, his wife Bibha Devi (petitioner), sons Randhir Yadav and Pankaj Yadav started to cause assault Sintu Yadav, the brother of the informant, through lathi and Khanti due to which he died. While the informant

Patna High Court Cr.Misc. No.56641 of 2017 (2) dt.07-12-2017 2/2 chased to catch hold of them but all fled away. Learned counsel for the petitioner submits that it would appear from the F.I.R. that four persons, named in the F.I.R., including the petitioner caused assault to Sintu Yadav, the brother of the informant, through lathi and Khanti but, in the post-mortem examination of Sintu Yadav, the brother of the informant, only one injury near his left ear in the dimension of 4" X 4" was found. In fact, the petitioner being the wife of the co-accused Yogendra Yadav has falsely been implicated in this case. The petitioner, who is lady, has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Maheshkhut P.S. Case No.116 of 2016/G.R. No.2650 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T