Kaushalya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77859 of 2018 Arising Out of PS. Case No.-227 Year-2018 Thana- JOKIHAT District- Araria ====================================================== Kaushalya Devi Wife of Nityanand Tatma Resident of Village - Chakai, P.S. Jokihat, distt - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh For the Opposite Party/s :
Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 This is an application for grant of anticipatory bail in connection with Jokihat P.S. Case No. 227 of 2018, disclosing offences under Sections 302, 120(B)/34 of the Indian Penal Code.
Allegation as per F.I.R. is that the wife of the informant was assaulted by Dinesh Tatma with knife causing her death. Allegation against the petitioner along with Dinesh Tatma is of threatening the informant to withdraw the case, otherwise he will be killed.
Submission of learned counsel for the petitioner is that the petitioner is a lady and has falsely been implicated in this case due to the fact that she is the sister of co-accused Dinesh Tatma. Further, the petitioner has no criminal antecedent.
Patna High Court Cr.Misc. No.77859 of 2018(2) dt.03-01-2019 2/2 Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 227 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is further subject to the condition that she will cooperate in investigation of the case as and when required, otherwise her bail bonds shall be cancelled.
(Vinod Kumar Sinha, J) Amjad/- U T