Patna High CourtCR. MISC./54985/2019bail granted

Laxmi Devi v. The State Of Bihar

2019-11-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54985 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Laxmi Devi W/o Shiv Dani Ram Resident of Village- Naya Tola- Sahebpur Kamal, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 25.03.2019 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 307, 302 and 323 of the Indian Penal Code.

It is alleged that the petitioner handed over an axe to co-accused Shivdani Ram who assaulted Batoran Choudhary, as a result, Batoran Choudhary died. It is alleged that the petitioner being the wife of co-accused Shivdani Ram, instigated him in killing of Batoran Choudhary.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the petitioner, co-accused Shivdani Ram and petiioner is a lady. A

Patna High Court CR. MISC. No.54985 of 2019(3) dt.20-11-2019 2/2 statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP after going through the case diary submits that the petitioner handed over an axe to her husband, who made assault.

Considering the fact that the accusation of assault has not been alleged against the petitioner and petitioner being a lady, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 79 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T