Lal Jhari Devi @ Lal Dhari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78349 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== LAL JHARI DEVI @ LAL DHARI DEVI Wife of Ganesh Mahto Resident of Village - Lalgarh Tole Par, P.S.- Shyampur Bhatha, District - Sheohar. ... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Hans Lal Kumar, Advocate.

For the State :

Mr. Md. Aslam Ansari, A.P.P.

For the Informant :

Mr. Devendra Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner apprehends her arrest in connection with Shyampur Bhatha P.S. Case No.36 of 2019 registered under Sections 147, 148, 149, 307, 323, 341, 504 and 302 of the Indian Penal Code. The accusation is that in the evening of 03.04.2019, All of sudden, Vigu Mahto came at the door of the informant and started to abuse and cause assault to the informant. In that course, other F.I.R. named accused including the petitioner also came there and started to abuse to the informant. When Vindeshwar Sahani and Ganesh Sahani, the husband and brother-in-law of the informant respectively rushed to save the informant, then all started to abuse and cause assault to them through lathi and danda. Later on, in course of treatment, Ganesh Sahani, the brother-in-law of the informant died.

Patna High Court CR. MISC. No.78349 of 2019(4) dt.03-02-2020 2/2 Learned counsel for the petitioner submits that, in fact, the occurrence of scuffle and causing assault took place in between the male members of the both sides but with an ulterior motive, the petitioner has falsely been implicated in this case. Moreover, no specific overt act is attributed to the petitioner. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sheohar, in connection with Shyampur Bhatha P.S. Case No.36 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T