Hira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77985 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== HIRA DEVI Wife of Shiv Narayan Mandal, Resident of Village- Goradih, P.S.- Goradih and District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-03-2020 Heard both sides.

Petitioner seeks bail in Sabour (Goradih) P.S. Case No.123 of 2019 registered under Sections 341, 323, 324, 307, 302, 504 and 34 of the IPC.

The widow of the deceased alleged that some verbal altercation took place between her husband on the one side and her father-in-law, mother-in-law and brother-in-law on the other side. Her father-in-law, brother-in-law and mother-in-law were saying not to give any share. On such, her father-in-law, motherin-law (petitioner), brother-in-law came and began to abuse her. Her father-in-law, mother-in-law and Ashish Kumar (brother-inlaw) indiscriminately assaulted her husband with axe on different parts of his body. When the informant came to save, her brother-in-law assaulted with axe on her hand.

Patna High Court CR. MISC. No.77985 of 2019(3) dt.19-03-2020 2/3 Learned counsel for the petitioner submits that the petitioner is mother of the deceased and there is no allegation of assault against the petitioner. The informant herself disclosed that Ashish Kumar (brother-in-law) indiscriminately assaulted her husband with axe causing his death in the hospital. The petitioner is in jail since 20.04.2019.

Learned A.P.P., however, opposed the prayer of bail and submitted that from the postmortem report, it appears that the deceased sustained different sharp cut injuries on different parts of his body but at the same time admitted that only allegation against the petitioner is that she caught her son (deceased) and thereafter her another son assaulted the deceased with axe.

It appears from perusal of the F.I.R. itself that the allegation of assault is against Ashish Kumar (brother of the deceased). Of course, the petitioner being the mother of the deceased is alleged to have caught the deceased but there is no allegation of assault against the petitioner and for that the petitioner has remained in jail for about one year. Having considered the facts aforesaid, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.77985 of 2019(3) dt.19-03-2020 3/3 like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Sabour (Goradih) P.S. Case No.123 of 2019.

(Prabhat Kumar Jha, J) Harish/- U T