Dhramsheela Devi @ Shushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21270 of 2018 Arising Out of PS. Case No.-100 Year-2017 Thana- KIHIRI MORE District- Patna ====================================================== Dhramsheela Devi @ Shushila Devi, W/o- Sri Dhananjay Sharma, R/vRukunpura, P.S.- Khirimore, District- Patna. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party :

Mr. Sri Ram Sevak Choudhary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Khirimore P.S. Case No. 100 of 2017, registered for the offences punishable under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

As per the written report, petitioner and other coaccused persons by hatching conspiracy, killed the son of the informant. There is specific allegation against Rahul Kumar @ Dullu Kumar, who have shot the son of the informant causing his death.

Submission is of false implication, against the petitioner there is no specific allegation for committing any overt act. Guria Devi and Kalawati Devi other co-accused have

Patna High Court Cr.Misc. No.21270 of 2018(2) dt.30-04-2018 2/2 been allowed pre-arrest bail vide Cr. Misc. No. 14146 of 2018 by order dated 10.04.2018 by another co-ordinate Bench of this Court and the case of the petitioner is on better footing and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that under conspiracy the son of the informant was killed.

In the facts and circumstances as stated above, considering that co-accused Guria Devi and Kalawati Devi whose case is on identical footing to the petitioner have already been allowed pre-arrest bail and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Danapur, Patna, in connection with Khirimore P.S. Case No. 100 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T