Sudama Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25518 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -SHEOHAR District- SHEOHAR ===================================== Sudama Devi, Wife of Ram Bhajan Mahto, resident of Village- Hirauta, Police Station- Tariyani, District- Sheohar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Madhuranand Jha ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 The petitioner seeks bail in anticipation of her arrest in connection with Sheohar P.S. Case No. 08 of 2017 dated 14.01.2017 instituted for the offences under Sections 302, 120(B)/34 of the Indian Penal Code.

The sister-in-law of the informant was pregnant with a foetus of sixteen weeks. She had complained of stomach pain and it was advised that she get her womb cleaned of her foetus. The petitioner, who is an Asha worker is said to have, in association with two others, impressed upon the informant to get his sister-in-law treated at Mishra Clinic. The sister-in-law of the informant was treated in Mishra

Patna High Court Cr.Misc. No.25518 of 2018 (2) dt.03-05-2018 2/3 Clinic and was discharged. However, her condition did not improve and she had again to be admitted in a hospital at Muzaffarpur. In the course of further treatment, the sisterin-law of the informant died on 20.11.2016. The learned counsel for the petitioner has submitted that finding no allegation against the petitioner to be true, the police did not send her up for facing trial. However, the learned Court below, differing with the police report took cognizance against the petitioner as well under Sections 304, 420, 467, 468, 120(B)/34 of the Indian Penal Code.

The learned counsel for the petitioner has further submitted that the petitioner was not present on that day as the aforesaid date was being celebrated as Asha Diwas in which the petitioner had gone to the headquarters for participating in the function. It has also been submitted that one of the similarly situated co-accused persons viz. Kuniya Devi has been granted anticipatory bail by the learned Court below. Considering the fact that in the police investigation, no material could be collected against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, be released on bail on his furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.25518 of 2018 (2) dt.03-05-2018 3/3 Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 08 of 2017.

(Ashutosh Kumar, J) Shageer/- U T