IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33650 of 2011
Indu Devi, wife of Satan Yadav, resident of villag-Ratwal, P.S.-Choutarwa,
District-West Champaran. ........Petitioner.
Versus
The State of Bihar ........Opp. Party.
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2 30.09.2011 Heard learned counsel for the petitioner and learned
counsel appearing for the State.
The petitioner apprehends her arrest in connection with a
case registered for the offence under Section 304 of the Indian
Penal Code.
It is stated that admittedly the date of occurrence is
14.8.2011 whereas the F.I.R. has been registered on 19.8.2011. No
reasonable explanation has been given for the delay in institution
of the F.I.R.
According to the F.I.R., it is alleged that when the son of
the informant and that of the petitioner were quarreling each other
on some issue, the petitioner went there and thrashed the son of the
informant, due to which, he sustained injuries and later on, in
course of treatment he died.
It is submitted that the present case has maliciously been
instituted after five days of the occurrence. Had there been any
truth behind the allegation, somebody must have informed the
police. In the present case, it is only after the son of the informant
died an out and out false case has been instituted with oblique
motive.
Considering the facts and circumstances of the case, let
2
the petitioner, namely Indu Devi in the event of her arrest or
surrender before the Court below within a period of four weeks
from the date of receipt/communication of this order, be released
on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only)
with two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate, Bagaha, West
Champaran in connection with Semra P.S. Case No. 44 of 2011
subject to the conditions as laid down under Section 438(2) Cr.
P.C.
Sanjeet (Ashwani Kumar Singh, J.)