Mulah Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1764 of 2015 Arising Out of PS.Case No. -545 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Mulah Devi W/o Late Chunchun Mandal

2. Natta Mandal @ Nunu Babu Son of Late Chunchun Mandal Both are the resident of village / Mohalla - pannuchak, PS. - Ghogha (Kahalgoan), District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Anita Kri.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 03-02-2015 It is submitted that petitioner no. 2 has been arrested, hence, his application has become infructuous. Heard learned counsels for the petitioner and the State.

Petitioner no. 1 is apprehending her arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The informant on hearing the gun shot went out of the house when she saw her husband lying on the road in a pool of blood and she also saw Kima Mandal @ Chandrabhanu Mandal, Natta Mandal @ Nunu Babu, Chhattu

Patna High Court Cr.Misc. No.1764 of 2015 (03) dt.03-02-2015 2/2 Mandal and petitioner no. 1 fleeing away from the place of occurrence. Subsequently, Bidhyanand Mandal the nephew of the victim claiming to be an eye witness stated that on the order of petitioner no. 1 Mulah Devi firing was made by her son Chhattu Mandal.

It is submitted by learned counsel for the petitioner that due to the family dispute the accusation has been levelled. Moreover, the accusation of firing is not against the petitioner.

The aforesaid facts constitute ground for consideration of prayer for regular bail by the learned court below, if petitioner no. 1 surrenders before the learned court below within a period of six weeks from today in connection with Kahalgaon (Ghogha) P.S. Case No. 545 of 2014 pending in the court of learned Chief Judicial Magistrate, Bhagalpur. With the aforesaid observation, this application is disposed of.

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