Kalawati Kuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47011 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- DURAULI District- Siwan ====================================================== KALAWATI KUWAR Wife of Late Kailash Gond Resident of Village - Daraili Mathiya Pakari Par Tola, P.S.- Darauli, Distt - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 337, 338, 302, 504 and 506/34 of the Indian Penal Code.

The prosecution allegation in short is that the accused persons assaulted wife and son of the informant due to which her wife lost her life.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.5.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The main allegation of assault is

Patna High Court CR. MISC. No.47011 of 2019(2) dt.02-08-2019 2/2 alleged against the co-accused Shambhu Gond. The petitioner is alleged to catch hold hair of the deceased. Except for this, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -III, Siwan in connection with Darauli P.S. Case No. 75 of 2019.

(Sudhir Singh, J) Pankaj/- U T