Urmila Devi @ Kushila Devi @ Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52849 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== URMILA DEVI @ KUSHILA DEVI @ SUSHILA DEVI W/O Naresh Saw R/O village Shailopur, PS Rafiganj, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Rafiganj P.S. Case no. 121 of 2019, registered under Sections 447, 341, 323, 324, 307, 504 and 302/34 of the Indian Penal Code.

The accusation is that four persons named in the F.I.R., including the petitioner, came at the door of informant and started to abuse. When informant made protest then all started assaulting him by means of fist, slaps and lathi danda etc. When Ramjeet Kumar and Ram Vilash Sao, brother and grandfather of informant, rushed to save the informant then with intention to kill, Mithilesh Sao gave Axe blow to the grandfather of the informant. At that time, informant and his brother also sustained injury through lathi and stick. In the meantime, Bholi Sao also came and started to abuse and gave

Patna High Court CR. MISC. No.52849 of 2019(2) dt.23-08-2019 2/2 threatening to the informant. Later on, in course of treatment, Ram Vilash Sao, grandfather of the informant, died. The cause of occurrence is that informant used to sleep at his roof, but Mithilesh Sao made objection for sleeping there saying that his courtyard is visible from the roof of the informant. Learned counsel for the petitioner submits that the petitioner, who is lady, has no criminal antecedent and she has falsely been implicated in this case, while only male family members of the petitioner were involved in the alleged occurrence. Moreover, no specific overt act has been attributed against the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 121 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T