Patna High CourtCR. MISC./53395/2019bail granted

Shanti Devi v. The State Of Bihar

2019-11-16Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53395 of 2019 Arising Out of PS. Case No.-583 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== Shanti Devi Wife of Kapleshwar Das Resident of Village - Bela, P.S.- Jainagar, Distt - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gagan Deo Yadav For the Opposite Party :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Jainagar P.S. Case No. 583 of 2018 registered under Sections 147, 148, 149, 342, 324, 307 and 302 of the Indian Penal Code. It is contended that the only allegation levelled in the FIR against the petitioner by the informant is that her brother-inlaw (devar) Ram Kumar Das had illicit relation with the petitioner. Apart from that, there is no other allegation in the FIR against the petitioner. She is not alleged to have participated in any manner in the alleged commission of murder of her husband. The allegation of assault is confined against the brother-in-law and the father-in-law of the informant, namely, Ram Kumar Das and Panchu Das.

Patna High Court CR. MISC. No.53395 of 2019(3) dt.16-11-2019 2/2 Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Considering the submissions made above as also the fact that in the FIR specific allegation of assault is confined against co-accused Ram Kumar Das and Panchu Das only, in the event of arrest or surrender before the court below, the petitioner is directed to 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 the learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Jainagar P.S. Case No. 583 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T