Pushpa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64187 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- KAMTAUL District- Darbhanga ====================================================== PUSHPA DEVI W/o Manoj Sah Resident of Village - Dhadhiya, P.S.- Kamtaul, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr.Ram Anural Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 24.02.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that her son had to go for work on his bicycle but his wife (petitioner) had locked the bicycle, hence her son took the bicycle of his father for work on which the informant asked the petitioner why she locked the bicycle on which petitioner started assaulting her and when her husband came to
Patna High Court CR. MISC. No.64187 of 2021(3) dt.11-04-2022 2/3 save her, the son of the petitioner, namely, Ashish came and started assaulting his grandfather and strangulated him to death. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that the thrust of the allegation is against Ashish, the grandson who is alleged to have assaulted his grandfather and strangulated him to death and as far as this petitioner is concerned, it is alleged that she was having verbal duel with her mother-in-law and even assaulted her. The learned counsel submits that Ashish was in custody but has been granted bail by the learned Juvenile Court. It is also submitted that as far as this petitioner is concerned, he is not alleged to be the assailant of the deceased.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted in the case and in the nature of allegations and also taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.64187 of 2021(3) dt.11-04-2022 3/3 the learned court below where the case is pending/successor court in connection with Kamtaul P.S. Case No. 45 of 2021. (Satyavrat Verma, J) Rishi/- U T