Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80318 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== RITA DEVI W/o Late Munni Manjhi Resident of Village - Pathraura Tola Azad Bigha, P.S.- Magadh Medical, Distt.- Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Saxena For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. The prosecution case in short is that the father of the informant was killed by the accused persons.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is alleged to have pressed neck of the petitioner due to which the deceased is said to have died but from perusal of the post-mortem report, it
Patna High Court CR. MISC. No.80318 of 2019(3) dt.17-03-2020 2/2 appears that there is no mark of strangulation on the neck nor there is any external injury on the body of the deceased. The post-mortem report does not support the allegation made in the F.I.R.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of I/C A.C.J.M.-4th Gaya in connection with Magadh Medical P.S. Case No. 138/2019.
(Sudhir Singh, J) Pankaj/- U T