Tetari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49124 of 2019 Arising Out of PS. Case No.-292 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== TETARI DEVI Wife of Chandan Mandal @ Chandan Mahto Resident of Village - Koriya Salaunachak, P.S.- Lakhisarai, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 Petitioner seeks bail in anticipation of her arrest in connection with Lakhisarai P.S. Case No. 292 of 2018 registered for the offences punishable under Sections 448, 341, 323, 324, 326, 302, 147, 148, 307, 149 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR there is allegation against co-accused persons of firing and causing injury to the deceased but later on he succumbed to the injuries during course of investigation. The petitioner, who is wife of the informant, along with informant have been made accused in this case on the basis of supervision note of Dy. S.P.

Submission of learned counsel for the petitioner is that there is no allegation of firing against the petitioner at the deceased and firearm injury was found on the person of

Patna High Court CR. MISC. No.49124 of 2019(3) dt.22-10-2019 2/2 deceased and in spite of that petitioner has been made accused in this case and husband of the petitioner, i.e., informant has already been granted bail by a co-ordinate Bench of this Court by order dated 2.7.2019 passed in Cr.Misc.No. 39503 of 2019. Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 292 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T