Sita Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.9318 of 2016 (3) dt.22-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9318 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -MADHEPURA District- MADHEPURA ====================================================== Sita Devi W/o Prabhu Swarnkar Resident of Vill- Azadnagar, Ward No.7 Police Station & District- Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Verma, Advocate For the Opposite Party : Mr. Ram Shankar Das, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner in custody in connection with Madhepura P.S.Case No.42 of 2015 registered for an offence under Sections 341, 323, 326, 307, 379 and 34 of the IPC and Sections 3(i)(x) of the SC/ST(Prevention of Atrocities)Act.

The allegation against the petitioner is that he caught hold of the son of the informant and started abusing calling his caste name, assaulted and threw acid (Tejaab) into his eyes as a result of which his eyes badly injured and he became unable to look.

The bail application of the petitioner was rejected vide Cr.Misc.No.18762 of 2015 dated 31.07.2015. This is the second

Patna High Court Cr.Misc. No.9318 of 2016 (3) dt.22-07-2016 attempt for bail on behalf of the petitioner. Petitioner is in custody since 19.01.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. Petitioner is a lady. It is a case and a counter case between the parties. The informant's side had forcibly entered the house of the petitioner. The opinion of the doctor in respect to the injury of the victim was reserved and till date, the final opinion has not been received, hence it cannot be ascertained that the injury was grievous or simple.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 Additional Sessions Judge-Ist, Madhepura in Sessions Trial No.100 of 2015, CIS No.247 of 2015 arising out of Madhepura P.S.Case No.42 of 2015. (Sudhir Singh, J) B.Kr./- U T