Priti Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68175 of 2021 Arising Out of PS. Case No.-338 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== PRITI KUMARI W/o Dharmendra Mahto Resident of Village - Chhatauna, P.s.- Naokothi, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code.
As per the prosecution case, this petitioner assaulted the deceased with stick as a result of which she died. It is submitted that from perusal of the FIR it is apparent that there was no intention to kill and as a matter of fact while the deceased was trying to flee away from the house this petitioner persuaded her not to flee away and in course of that some altercation took place in which on the spur of moment petitioner assaulted the deceased, who is own sister of this petitioner. It is next submitted that as per story spelt out in the
Patna High Court CR. MISC. No.68175 of 2021(2) dt.03-03-2022 2/2 FIR at best a case u/s 304 of the IPC can be made against this petitioner. Petitioner claims clean antecedent and is in custody since 24.06.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Judicial Magistrate, 1st class, Begusarai in connection with Muffasil PS case No.338/2021. (Prabhat Kumar Singh, J) BKS/- U T