Nutan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5505 of 2023 Arising Out of PS. Case No.-455 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== NUTAN DEVI Wife of Late Shambhu Yadav R/o Navin Ganguly Road, Badi Khanjarpur, P.S.- Kotwali, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has preferred this application for grant of regular bail in connection with Kotwali (Barari) P. S. Case No. 455 of 2022 dated 04.06.2022 registered for the offences punishable under Sections 448, 341, 323, 324, 325 and 307 read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused persons entered the room of the informant. On being

Patna High Court CR. MISC. No.5505 of 2023(2) dt.05-05-2023 2/3 protested, the petitioner assaulted the informant on her eye with pointed object. Thereafter, all the accused persons started assaulting the informant severely and due to which the informant became senseless.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. Learned counsel has further submitted that the impugned order dated 06.12.2022 shows that the informant did not sustain injury in her eye rather she sustained injury on the occipital region, temporal parietal region and teeth. The petitioner who is a lady has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.06.2022. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner by submitting that the injury sustained by the injured is found to be grievous in nature. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court Concerned, Bhagalpur in connection with Kotwali (Barari) P. S.

Patna High Court CR. MISC. No.5505 of 2023(2) dt.05-05-2023 3/3 Case No. 455 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T