Gangotri Devi @ Gauge v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 70460 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- MARANCHI District- Patna ====================================================== GANGOTRI DEVI @ GAUGE Wife of Late Bhola Singh Resident of Village - Rampur Dumra, P.S.- Maranchi, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr Rama Kant Sharma, Sr Advocate with Mr Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-12-2019 Heard learned Senior Counsel for the petitioner, learned counsel for the informant and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 302, 201/34 of Indian Penal Code.

It is submitted by the learned Senior Counsel for the petitioner that primarily the allegations of assault and torture being perpetrated against the victim is in respect of co-accused Avinash Kumar @ Bittu Singh who happens to be the son of the instant petitioner. The petitioner and two brothers of co-accused Avinash Kumar @ Bittu Singh have also been implicated in this case on extraneous considerations. The investigation has also revealed that co-accused Avinash Kumar @ Bittu Singh owes prime responsibility for the occurrence on account of illicit relationship with another lady. The petitioner is an aged person, more than 65 years and she is in custody since 02.08.2019.

Patna High Court CR. MISC. No.70460 of 2019(2) dt.04-12-2019 2/2 Learned APP for the State and learned counsel for the informant have opposed the prayer.

Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's Senior Counsel.

Let the petitioner above named be released on bail on her furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Barh in Maranchi Police Station Case No 88 of 2019 dated 01.08.2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T