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Patna High Court - Orders

Kusum Devi vs The State Of Bihar on 6 June, 2017

Author: Anil Kumar Upadhyay

Bench: Anil Kumar Upadhyay

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.26539 of 2017
                     Arising Out of PS.Case No. -84 Year- 2017 Thana -BIKRAMGANJ District- SASARAM
                                                          (ROHTAS)
                 ======================================================
                 Kusum Devi, Wife of Suryadev Singh, Resident of Village- Tenduni,
                 Ward No.- 2, P.S. Bikramganj, District- Rohtas.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                                  .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. S.N.P. Sinha, Sr. Adv.
                                             Rashi Kumari, Adv.
                 For the Opposite Party/s  : Mr. Sri Braj Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR
                 UPADHYAY
                 ORAL ORDER

2   06-06-2017

Heard learned counsel for the petitioner and the State.

The petitioner is an accused in Bikramganj P.S. Case No. 84 of 2017 for the offence under sections 341, 504, 324, 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

From the FIR, it appears that the petitioner has instigated the other co-accused who committed the crime. The allegation of indiscriminate firing is levelled against the husband of the petitioner and others. From the FIR, it further appears that the only allegation against the petitioner is that she is instigator.

The petitioner has stated in para-3 that she has no criminal antecedent.

Having regard to the fact that the petitioner is a lady Patna High Court Cr.Misc. No.26539 of 2017 (2) dt.06-06-2017 2/2 and she has no criminal antecedent and the allegation on its face value is only that she is instigator of the instant occurrence.

Having regard to the facts and circumstances stated above, let the petitioner, named above, be released 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, Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 84 of 2017 on the condition that the petitioner will extend full cooperation in this case and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/-

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