Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1473 of 2020 Arising Out of PS. Case No.-88 Year-2019 Thana- TELHARA District- Nalanda ====================================================== KANTI DEVI Wife of Sri Shankar Yadav @ Shiv Shankar Prasad Resident of Village - Dharampur, P.S.- Noorsarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate, Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== 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.

The petitioner apprehends her arrest in connection with Telhara P.S. Case no. 88 of 2019, registered under Sections 326, 307/34 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 11.07.2019, informant Saraswatiya Devi was present in the marriage ceremony, at that time due to some dispute, hot talks started. At that time, Raju Yadav, who was present there from bride side, took out pistol from his waist and fired at her, as a result thereof, she sustained injury at her left chest. At that time, Kanti Devi (Petitioner), sister of Raju Yadav, instigated him to kill her. Learned counsel for the petitioner submits that, in

Patna High Court CR. MISC. No.1473 of 2020(2) dt.03-02-2020 2/2 fact, on petty matters, hot talks exchanged at the time of marriage ceremony and petitioner was present there with her brother Raju Yadav, but she has falsely been implicated in this case being sister of Raju Yadav against whom the allegation of firing was made. The petitioner, who is lady, has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M. Hilsa in connection with Telhara P.S. Case No. 88 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T