Usha Devi @ Usha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36661 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ====================================================== Usha Devi @ Usha Kumari, wife of Rajesh Mahto, Resident of VillageMohidinpur, P.S.- Chiksaura, District- Nalanda. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Chiksaura P.S. Case no. 45 of 2015, registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that on 10.08.2015 at about 3.00 A.M. when the informant was irrigating his filed, he was abused and assaulted by Rajesh Mahto, husband of the petitioner. When sons of the informant, namely, Subodh Bind and Nitish Bind were coming then Rajesh Mahto fired on his son Subodh Bind, who died on the spot. It is alleged that the pistol was given to the Rajesh Mahto by this petitioner.
Learned counsel for the petitioner submits that, in
Patna High Court Cr.Misc. No.36661 of 2016 (2) dt.22-09-2016 2/2 fact, petitioner is the wife of the co-accused Rajesh Mahto and due to that reason, she has falsely been implicated in this case. 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 ACJM, Hilsa (Nalanda) in connection with Chiksaura P.S. Case No. 45 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T