Jasiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69233 of 2018 Arising Out of PS. Case No.-37 Year-2015 Thana- HATHAURI District- Muzaffarpur ====================================================== Jasiya Devi Wife of Arjun Sahani Resident of Village- Dakrama, P.S. - Hathouri, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of her arrest in connection with Hathauri P. S. Case No. 37 of 2015 dated 03.05.2015 instituted for the offences under Sections 302 and 34 of the Indian Penal Code. The father-in-law of the deceased has alleged that his son-in-law was assaulted by Arjun Sahni, the brother of the deceased and the petitioner who is the wife of Arjun Sahni at the time when there was a move for partition of the family property. Petitioner and her husband are alleged to have assaulted the deceased by means of hard and blunt substance, leading to his death.

In the aforesaid case, charge-sheet was submitted

Patna High Court Cr.Misc. No.69233 of 2018(3) dt.18-12-2018 2/2 against the husband of the petitioner namely Arjun Sahni whereas the investigation with respect to the petitioner was kept pending. Arjun Sahni was put on trial vide Sessions Trial No. 512 of 2015 in which he has been acquitted. The investigation with respect to the petitioner is still pending.

Considering the aforesaid facts as also taking into account the gender of the petitioner, the petitioner, abovenamed, is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Xth, Muzaffarpur in connection with Hathauri P. S. Case No. 37 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U