Tileshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57627 of 2022 Arising Out of PS. Case No.-57 Year-2021 Thana- PATAHI District- East Champaran ====================================================== TILESHWARI DEVI Wife of Tejilal Prasad Kushwaha @ Tejilal Prasad @ Tejilal Kushwaha Resident of Village- Sugapipar, P.S.- Patahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 323, 302, 380, 506,34 of the Indian Penal Code.

As per allegation in the FIR, while the informant was in his field and heard about assault to his mother by the FIR named accused person, he rushed towards his house and saw that all accused persons including the petitioner was assaulting his mother with brick from back side as a result of which she received cut injury on her head and fell down and later on she succumbed to the injuries. They also took out ornaments, clothes and cash from his house and threatened him to kill if he files a case.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.57627 of 2022(6) dt.23-06-2023 2/2 that petitioner has been falsely implicated in this case due to village politics and previous enmity. Informant's mother was old lady and she died a natural death. Allegedly, several accused persons including the petitioner were said to have assaulted the informant's mother but as per postmortem report, deceased sustained only one injury over occipital region of head. The alleged occurrence took place at the spur of moment. There is no allegation or proof of repeated assault. Petitioner is a lady. She is languishing in judicial custody since 4.5.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 8th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Patahi P.S. Case No. 57 of 2021. (Sunil Kumar Panwar, J) sushma/- U