Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5257 of 2021 Arising Out of PS. Case No.-194 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== Indu Devi W/o Parmod Kumar Yadav @ Parmod Yadav R/o villageSananpatti, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Laukahi P.S. Case no. 194 of 2019 registered under sections 307, 341, 323, 325 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the F.I.R., it is stated that in a family dispute the husband of the petitioner broke the hand of his Bhabhi. On the next day, it is further stated that both the petitioner and her husband were looking for the informant's other daughter- in- law and on finding her, the petitioner herein disclosed that she was there on which her husband, the son of the informant shot her. It is stated by the informant that his other daughter- in- law who was shot upon is being treated. It is submitted by learned counsel for the petitioner that from perusal of the F.I.R. itself it would transpire that the

Patna High Court CR. MISC. No.5257 of 2021(2) dt.25-03-2021 2/2 petitioner has been falsely implicated in the case because of dispute in the family. No such occurrence has taken place. In any case of the matter, the sole assailant is the husband of the petitioner and not the petitioner. The petitioner is a lady who is in custody since 29.9.2020 and her husband Pramod Kumar Yadav has been enlarged on bail vide order dated 2.12.2020 passed in Cr.Misc. no.25773 of 2020.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that as per F.I.R. the assailant is Promod Kumar Yadav and not the petitioner herein, period in custody and charge sheet having been submitted, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Laukahi P.S. Case no. 194 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani.

(Partha Sarthy, J) Bibhash/- U T