Gyani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12324 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -PARBATTA District- BHAGALPUR ======================================================
1. Gyani Devi Wife of Late Narayan Mandal Resident of Sahu Parbatta, Niz Tola, P.S. Parbatta District Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner as well as learned counsel representing the State.
The petitioner apprehends his arrest in connection with Parbatta P.S. Case No. 108/2016, registered for the offences punishable under Sections 504, 307 and 34 of the Indian Penal Code and Sections 25(1-b)/26/27 of the Arms Act.
Allegedly, the petitioner instigated other co-accused to open fire and then Vijay Mandal opened fire which hit on the back of the informant causing injury to him and on alarm Mohalla People came and caught Vijay Mandal with Desi Katta and live cartridge. Other co-accused succeeded to flee away.
Submission is of false implication and that the petitioner is a lady. There is no specific allegation against her for causing any
Patna High Court Cr.Misc. No.12324 of 2017 (2) dt.23-03-2017 2/2 overt act. Only allegation is that she instigated other co-accused, which is false. She has never instigated anyone and as such, the petitioner also deserves sympathetic consideration. Learned A.P.P. submits that the petitioner is also named in the FIR.
In the facts and circumstances stated above, the petitioner, above named, in case of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Naugachia, Bhagalpur in connection with Parbatta P.S. Case No. 108/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J.) Rakhi U T