Rampati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64350 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== Rampati Devi Wife of Late Motilal Mushar @ Motilal Musahar Resident of Village-Bahuarawa Farm, P.S.-Chautarawa, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Chautarawa P.S. Case No. 66 of 2019, registered under Sections 302 and 201/34 of the Indian Penal Code.

The accusation is that in the morning of 11.03.2019, informant, Suresh Yadav, received information about lying of dead body of his younger brother, Ramesh Yadav, at Karjaniya Sarah. Thereafter, he along with villagers reached at Karjaniya Sarah and saw the dead body of his brother. The informant further alleged that his brother, Ramesh Yadav, had informed at his house that nine persons named in the FIR including the petitioner and some unknown used to abuse and cause assault to him through fist and slaps and they also used to give threatening to kill him. The informant raised

Patna High Court CR. MISC. No.64350 of 2019(2) dt.23-10-2019 2/2 suspicion that the FIR named persons along with some unknown committed the murder of his brother.

Learned counsel for the petitioner submits that it would appear from FIR that informant is not the eye witness of the occurrence, in fact, informant disclosed the name of nine persons including the petitioner, who is lady, having hand in the murder of his brother, whose dead body was found in the Karjaniya Sarah, mere on suspicion. Further submission is that petitioner, who is lady, has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M.-I, Bagaha, West Champaran, in connection with Chautarawa P.S. Case No. 66 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T