Bibi Sanjuda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51811 of 2019 Arising Out of PS. Case No.-327 Year-2018 Thana- BANKA District- Banka ====================================================== BIBI SANJUDA Wife of Late Harun Resident of Village-Kharyara, P.S.- Barahat, District-Banka.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Najmul Hodda For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2019 Heard learned counsel for the parties.
Petitioner is apprehending her arrest in connection with Banka (Barahat) P.S.Case No.327 of 2018 , registered for offences punishable under Sections 302/34 of the Indian Penal Code.
Prosecution story is that while the informant was going to perform 'Namaz' the petitioner and other accused persons pelted stones on him , due to which he received head injuries, he was taken to the hospital and later on he died. Submission of the learned counsel for the petitioner is that she is a lady and aged about 70 years, no specific allegation has been attributed against her and moreover during he treatment, the deceased has died as he had fell down, on
Patna High Court CR. MISC. No.51811 of 2019(2) dt.20-08-2019 2/2 the same he received injuries.
Heard learned A.P.P. , who has opposed the prayer for bail on the ground that the case is under Section 302 of the IPC and the petitioner is named in the FIR. .
Having heard both sides and in view of the fact that considering the age of the petitioner as well as no specific allegation has been attributed against her, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Banka (Barahat) P.S.Case no.327/2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T