Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58657 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- CHAORI District- Bhojpur ====================================================== GITA DEVI W/o Surendra Singh R/o Muhalla- Yoga Kharaicha (Dehari Tola), P.S.- Chauri, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2019 This application, for grant of anticipatory bail, arises out of Chauri P.S. Case No. 72 of 2019, disclosing offences under Sections 323, 341, 3234, 307/34 and 302 of the Indian Penal Code.

Prosecution case is that informant got the information that some dispute arose between his nephew and one Nitish Kumar and he was going to solve the said dispute but in the way, co-accused persons, namely, Surendra, Nitish and Munna started abusing him and the petitioner ordered them to kill the informant, on hulla, brother of informant came to save him, who was assaulted by the co-accused persons by means of iron rod, due to which, he sustained grievous injuries and succumbed to his injuries.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.58657 of 2019(2) dt.17-09-2019 2/2 that she has falsely been implicated in this case and the dispute arose between the parties on trivial issue of sitting on the chair. Moreover, there is no allegation against the petitioner of assaulting the deceased rather it is alleged that petitioner was order giver.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances and also the fact that petitioner is a lady, as such, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Chauri P.S. Case No. 72 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T