Tunni Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33583 of 2017 Arising Out of PS.Case No. -24 Year- 2016 Thana -DHANARUA District- PATNA ====================================================== Tunni Devi, Wife of Late Lutan Yadav, Resident of Village-Sewdaha Tola, Titkasarai, P.S.-Dhanarua, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Dhanarua P.S. Case No. 24 of 2016 dated 19.01.2016 instituted for the offences under Sections 302, 201 and 120B of the Indian Penal Code.

The deceased is the father-in-law of the petitioner who is alleged to have been assaulted on his head by the petitioner by means of a stone. A verbal spat was continuing between the petitioner and her father-in-law. When the grand father-in-law, who is the informant of this case, prevented the petitioner from fighting with her father-in-law, the present occurrence took place. It has been alleged that the petitioner took charge of the injured (deceased) for getting him treated, but it transpired later that the

Patna High Court Cr.Misc. No.33583 of 2017 (4) dt.27-11-2017 deceased was cremated. The petitioner is also alleged to have taken away Rs. 71,000/- which had come to the possession of the deceased after sale of some property. During course of investigation, except for the statement that the deceased was mentally retarded and always use to fight with the petitioner, nothing incriminating could be garnered.

The petitioner is said to be in custody since 23.03.2017.

Regard being had to the nature of accusation against the petitioner and the period of custody, this Court is inclined to grant bail to the petitioner.

The petitioner above named is directed to be released on bail on furnishing her bail bond of a sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Masaurhi in connection with Dhanarua P.S. Case No. 24 of 2016. (Ashutosh Kumar, J) KKSINHA/- U T