Sabuja Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60029 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- HASPURA District- Aurangabad ====================================================== Sabuja Devi wife of Jayanandan Sharma, resident of village- Haibaspur, P.SHaspura, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks pre-arrest bail in connection with Haspura P.S. Case No.36 of 2018 registered under Sections 302, 498A and 120B of the Indian Penal Code and Section 27 of the Arms Act.
Learned senior counsel for the petitioner contended that from perusal of the first information report itself it would be manifest that it was the Rahul Sharma, the husband of the victim, who had fired causing injury as a result of which the victim died. He contended that even in course of investigation no material has come against the petitioner on the basis of which he could have been made accused in this case.
Patna High Court Cr.Misc. No.60029 of 2018(3) dt.10-12-2018 2/2 Learned Additional Public Prosecutor appearing for the State has not disputed the contentions advanced on behalf of the petitioner. He admitted that in course of investigation some of the witnesses have stated that the petitioner is not in any way involved in the offence of murder of niece of the informant. Considering the submissions made on behalf of the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioners are directed to 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 Judicial Magistrate, Daudnagar, Aurangabad in connection with Haspura P.S. Case No.36 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md. S/- U T