Shanti Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.49340 of 2018 (3) dt.11-09-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49340 of 2018 Arising Out of PS.Case No. -166 Year- 2013 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================
1. Shanti Devi, Wife of Bachchu Mahto, Resident of Village- Bahorakha, Police Station- Vaishali, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Informant who happens to be husband of the deceased and is a daily earner, while was engaged in menial work been informed by his daughter, Sabita Kumari, aged about 8 years, that Bachchu Mahto, wife of Bachchu Mahto, Rajendra Mahto and Deepak Mahto are assaulting her mummy whereupon, he rushed and came at the place of Bachchu Mahto where he found his wife lying over the ground and on query she disclosed that Bachchu Mahto, wife of Bachchu Mahto, Rajendra Mahto and Deepak Mahto had assaulted her with Lathi and Danda. Thereafter, she was shifted to hospital and was declared dead. From perusal of the case diary, it is evident that during
Patna High Court Cr.Misc. No.49340 of 2018 (3) dt.11-09-2018 course of conduction of postmortem, no definite opinion could be traced out, whereupon, viscera were sent for forensic examination and there too, the cause of death has not been disclosed. Lastly the doctor, who conducted postmortem, had opined death due to disease following multi-system failure. Although, charge-sheet has been submitted under Section 304 IPC but absence of ante-mortem injuries over the person of the deceased does not conform whereupon, petitioner Shanti Devi is directed to 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 Chief Judicial Magistrate, Vaishali in connection with Vaishali (Belsar) P.S. Case No. 166 of 2013.
(Aditya Kumar Trivedi, J) sushma/- U T