Aatma Devi @ Kranti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4641 of 2018 Arising Out of PS.Case No. -107 Year- 2017 Thana -BALIA District- BEGUSARAI ======================================================
1. Aatma Devi @ Kranti Devi W/o Late Lalan Singh, R/o Village- Sadipur Karari, P.S.- Balia, Distt.- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Sinha For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 Heard the learned counsels for the parties.
The petitioner seeks bail in anticipation of her arrest in connection with Ballia P.S. Case No. 107/2017 dated 07.05.2017 which was initially instituted for the offences under Sections 147, 148, 149, 447, 323, 325, 337, 338, 379, 307, 504 and 506 of the Indian Penal Code, but later, with the death of one Gulab Singh, Section 302 of the Indian Penal Code was also added. The informant has alleged that the accused persons, including the petitioner, had come to his house and were looking for his son, viz. Vijay Singh. Thereafter, other accused persons assaulted Vijay Singh and when Gulab Singh (deceased) came to his rescue, he too, was assaulted which led to injuries on his person and he later succumbed to such injuries. The wife of the informant was also assaulted.
Patna High Court Cr.Misc. No.4641 of 2018 (2) dt.02-02-2018 2/2 Learned counsel for the petitioner has submitted that but for naming her in the F.I.R., no specific act is alleged against her. It has further been submitted that earlier, way back in the year 1984, the husband of the petitioner was killed by the informant for which a case was contested. The petitioner happens to be the sister-in-law of the informant.
Some of the other accused persons have been granted anticipatory bail by two different Benches of this Court vide orders dated 22.09.2017 and 18.12.2017 passed in Cr. Misc. No. 44445/2017 and Cr. Misc. No. 57641/2017 respectively. Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of her surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No. 107/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J.) Rakhi U T