Gujary Devi @ Gunjary Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.28624 of 2016 (3) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28624 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Gujary Devi @ Gunjary Devi W/o Anil Ravidas R/o village- Govindpur, P.S. - Jhajha, Distt- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Prasad, Advocate. For the Opposite Party/s : Mr. Sri Ram Shankar Das, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 11.12.2015 in connection with Laxmipur (Gidhaur) P.S. Case No. 225 of 2015 registered for the offence under Section 302/34 of the Indian Penal Code and 3(1) (x) of the SC/ST (Prevention of Atrocities) Act. The prosecution story, in brief, is that when the son of the informant was sleeping in the night, three persons came and called her son. One was Pintu Yadav and two were unknown. Pintu told that he had seen her son till 12 midnight in the house of Anil Yadav and when she went there, she saw chappal of her son. It is further stated that about one month ago one Khiro Yadav gave threat to kill her son and similar threat was given by one Chulhaya

Patna High Court Cr.Misc. No.28624 of 2016 (3) dt.30-08-2016 Paswan.

On behalf of the petitioner, it is submitted that the petitioner is in custody since 11.12.2015. Charge-sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tempering of witnesses alleged against the petitioner. She is not named in the FIR. Except for the confession of the petitioner before the police, there is no other material to suggest her implication in the present case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jamui in connection with Laxmipur (Gidhaur) P.S. Case No. 225 of 2015, G.R. No. 2060 of 2015.

(Sudhir Singh, J) Prakash/- U T