Indravati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74739 of 2019 Arising Out of PS. Case No.-299 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== INDRAVATI DEVI W/o Govind Yadav Resident of Village - Mishrauli, P.S.- Kateya, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr.Sanjay Kumar, Adv.

For the Informant Mr. Yogendra Ticogri, Adv. For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-11-2019 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in connection with Kateya P.S. Case No. 299 of 2019 registered for the offence punishable under sections 341, 323, 307, 324, 302, 120B and 34 of the Indian Penal Code.

As per allegation in the FIR, the petitioner is said to have instigated her husband to kill the father of the informant and also provided him with a knife. It is further stated that husband of the informant namely, Govind Yadav struck the father of the informant with the said knife as a result of which he fell down injured and became un-conscious and on way to hospital, he died.

Patna High Court CR. MISC. No.74739 of 2019(2) dt.27-11-2019 2/2 It is submitted by learned senior counsel for the petitioner that even from the FIR itself, it is evident that overt act is against Govind Yadav, husband of the petitioner herein and petitioner being a lady, is in custody since 26.08.2019 and has no criminal antecedent.

It is submitted by learned counsel for the informant that petitioner is named in the FIR and on her instigation and on her providing the knife, her husband struck the father of the informant leading to his death. He has further submitted that it is not a fit case for bail.

Having heard learned counsel for the parties and taking into consideration the fact that petitioner is a lady, the overt act is alleged against her husband and that she is in custody since 26.08.2019, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XV, Gopalganj in connection with Kateya P.S. Case No. 299 of 2019. (Partha Sarthy, J) sushma/- U T