Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67641 of 2018 Arising Out of PS. Case No.-172 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Manju Devi Wife of Krishna Manjhi Residents of Village- Makarpur, P.S. Makhdumpur, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 302 and 34 of the Indian Penal Code. The prosecution case, in short, is that the accused persons came to the house of the informant and assaulted her husband due to which he sustained injuries and later succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a lady. No conventional weapon is said to have been used in course of occurrence. The husband

Patna High Court Cr.Misc. No.67641 of 2018(3) dt.20-12-2018 2/2 of the petitioner had assaulted the deceased with fist and slap. The date of occurrence was 26.5.2018 but F.I.R. was instituted on 31.5.2018. The delay in lodging of the F.I.R. has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad in connection with Makhdumpur P.S. Case No. 172 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T