Indu Devi @ Kumari Indu Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29439 of 2018 Arising Out of PS.Case No. -305 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Indu Devi @ Kumari Indu Sinha W/o Shiv Chandra Singh, R/o Vill.- Mohanpur, P.S.- Muffasil, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2018 The learned counsel for the petitioner is permitted to make correction and add Section 27 of the Arms Act in paragraph 1 and 5 of the petition.

Heard both sides.

The petitioner apprehends her arrest in Begusarai Muffasil P.S. case No. 305 of 2017 for the offences punishable under Section 324, 307, 120B/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant named the accused persons and alleged that they all came and Gaurav Kumar, on the order of Golki Singh, fired which hit on the left hand of the informant. Other accused persons also fired and fled away. The informant further alleged that Indu Devi, the petitioner, had earlier threatened him of dire consequences and she conspired to kill in pursuance of which the accused persons came and fired. The learned counsel for the petitioner submits that petitioner is a lady. The petitioner was not even present on the

Patna High Court Cr.Misc. No.29439 of 2018 (2) dt.18-05-2018 2/2 place of occurrence. It is alleged that petitioner conspired with other accused persons to kill the informant but the informant has earlier committed the murder of the husband of petitioner for which the informant is facing Sessions Trial No. 893 of 2012 and that is why the informant named this petitioner, who is a lecturer.

Taking into consideration the facts that petitioner is not alleged to have fired rather the name of petitioner has been mentioned saying that she conspired in pursuance of which other accused persons fired but the informant is facing trial for the murder of husband of petitioner, the petitioner above named in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. case No. 305 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.