Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52555 of 2015 Arising out of PS.Case No. -68 Year- 2015 Thana -HARLAKHI District- MADHUBANI ====================================================== Rita Devi, Wife of Ram Bilash Mahto, resident of Village - BisaulKoriya Tole, P.S. - Harlakhi, District - Madhubani.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party : Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending her arrest in connection with Harlakhi P.S. Case No. 68 of 2015 for the offences instituted under Sections 304/34 of the IPC.
The prosecution story, in brief, is that on 25.05.2015 the goat of co-accused Ram Bilas Mahto has grazed the informant's plants i.e., vegetable Mango, Guava to which his wife Amrita Devi prevented then the petitioner alongwith four other accused persons armed with Lathi and Danda reached there and co-accused Ram Babu Mahto assaulted by Bamboo piece and at the instance of the co-accused she was assaulted by all accused persons. Thereafter, she brought to Primary Health Centre and further got
Patna High Court Cr.Misc. No.52555 of 2015 (3) dt.19-02-2016 2/2 treatment at R.B. Memorial Hospital, Darbhanga, from where she was sent to D.M.C.H., and lastly succumbed to above injury. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is a lady. Specific allegation is against Ram Babu Mahto. FIR has been instituted after 18 days of the alleged occurrence. The death of the deceased is said to have taken place after 17 days of the alleged occurrence.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with Harlakhi P.S. Case No. 68/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T