Elachi Devi @ Illaichi Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.362 of 2018 (2) dt.16-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.362 of 2018 Arising Out of PS.Case No. -178 Year- 2017 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. ELACHI DEVI @ ILLAICHI DEVI Wife of Makeshwar Paswan Resident of Village-Saidpura P.S. Surajgarha District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2018 Heard both sides.

The petitioner apprehends her arrest in Surajgarha P.S. Case No.178 of 2017 registered under Section 302 and 34 of the Indian Penal Code.

The informant alleged that some altercation took place due to flow of drainage water and on such, Makeshwar Paswan, his wife, the petitioner and others came. It is further alleged that the petitioner provided sickle to her husband and on such, Makeshwar Paswan pierced sickle on the husband of the informant. Consequently, husband of informant died. Learned counsel for the petitioner submits that the petitioner is a lady. There is no allegation of assault against the petitioner but it appears that it was the petitioner who provided

Patna High Court Cr.Misc. No.362 of 2018 (2) dt.16-01-2018 sickle to her husband and her husband pierced sickle in the abdomen of Umesh Paswan, the husband of the informant and Umesh Paswan died.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T