Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54998 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Usha Devi Wife of Dinesh Ram Resident of Village - Naya Tola, Sahebpur Kamal, P.S.- Sahebpur Kamal, Distt - 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.Ajit Kumar ====================================================== 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.

The prosecution case is that 17 accused persons including the petitioner surrounded the husband of the informant, Batoran Choudhary when wife of co-accused Shivdani Ram handed over an axe to her husband and they coaccused Shivdani Ram assaulted Batoran Choudhary by giving axe blow on the husband of the informant, who succumbed to the injury.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.54998 of 2019(3) dt.20-11-2019 2/2 that the accusation of assault has not been levelled against the petitioner and she was only a member of mob and no specific accusation has been made against the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR as the wife of Dinesh Ram.

Considering the thrust of accusation against coaccused Shivdani Ram 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