Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15081 of 2021 Arising Out of PS. Case No.-268 Year-2020 Thana- PARSA District- Saran ====================================================== 1.

ASHA DEVI Wife of Mahesh Prasad Singh Resident of Village - Pratap Chapra, P.S.- Parsa, District - Saran at Chapra 2.

Shobha Kumari Daughter of Mahesh Prasad Singh Resident of Village - Pratap Chapra, P.S.- Parsa, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rajani Kumari, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2022 Heard Ms. Rajni Kumari, learned Advocate for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Parsa P.S. Case No. 268 of 2020 dated 03.08.2020 instituted for the offences under Sections 341, 323, 504, 307, 379 and 34 of the Indian Penal Code.

Both the petitioners are alleged to have assaulted one Ruby Devi by means of hard and blunt substance.

Learned counsel for the petitioners has submitted that the parties are agnates and because of some dispute of trivial nature, an occurrence took

Patna High Court CR. MISC. No.15081 of 2021(2) dt.28-02-2022 2/3 place in which accidentally aforesaid Ruby Devi got injured.

The learned counsel for the petitioners has further drawn the attention of this Court to the injury report which indicates that there is only one injury on the frontal portion of the head which is of a very small dimension. Rest of the injuries are in the nature of body-ache and swelling.

Though the opinion with respect to the nature of injury has been kept reserved pending further medical investigation but the learned counsel for the petitioner has submitted that the dimension of the injury does not indicate that there was any attempt on the part of the petitioners to cause any severe physical injury to the victim.

A small dispute unfortunately resulted in injuries on the person of the informant which the petitioners had never intended.

Considering the background facts and taking into account the gender of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their

Patna High Court CR. MISC. No.15081 of 2021(2) dt.28-02-2022 3/3 furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Saran at Chapra in connection with Parsa P.S. Case No. 268 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T