Kamlawati Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.19952 of 2016 (3) dt.15-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19952 of 2016 Arising Out of PS.Case No. -156 Year- 2015 Thana -ANDER District- SIWAN ====================================================== Kamlawati Devi, W/o Chandrika Sah, resident of village- Usari Khurd, P.S.- M.H. Nagar, District- Siwan .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Anish Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with S. Tr. No. 77 of 2016 arising out of Ander P.S. Case No. 156 of 2015 registered under Section 302/34 of the Indian Penal Code. The accusation is that due to land dispute seven persons including the petitioner caused injury through Lathi, Danda and Axe to the husband of the informant, who died at the spot.
Learned counsel for the petitioner submits that petitioner and the informant are co-villagers and due to land dispute petitioner along with others have falsely been implicated in this case. In the postmortem report, stomach was found with
Patna High Court Cr.Misc. No.19952 of 2016 (3) dt.15-07-2016 semidigested food with full of wine and eight antimortem injuries as found on the dead body were of incised nature caused by sharp cutting weapon. In fact, the deceased, the husband of informant sustained injury in the manner in drunken state but due to land dispute the petitioner and her family members have falsely been implicated in this case.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Siwan, in connection with S. Tr. No. 77 of 2016 arising out of Ander P.S. Case No. 156 of 2015. Out of two sureties, one surety must be the close relative of the petitioner and further the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T