Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17153 of 2021 Arising Out of PS. Case No.-203 Year-2017 Thana- KUMAR KHAND District- Madhepura ====================================================== ASHA DEVI WIFE OF LALESHWAR SINGH RESIDENT OF VILLAGERAMGANJ, P.S.- KUMARKHAND, DISTRICT- MADHEPURA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-03-2022 Heard Mr. Amrit Abhijat, learned Advocate for the petitioner and the learned APP.

The petitioner seeks bail in anticipation of her arrest in connection with Kumarkhand P.S. Case No. 203 of 2017 dated 26.09.2017 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 354, 379, 504 and 506 of the Indian Penal Code.

On a protest made by the informant over an attempt of the husband of the petitioner to amalgamate the informant's land into his, an occurrence took place in which the informant was assaulted by the husband of the petitioner and one Vivek Kumar. The petitioner is also said to have taken part in the affray. The learned counsel for the petitioner has submitted that from the impugned order, it would appear that the informant has received grievous injury on his head but that is not

Patna High Court CR. MISC. No.17153 of 2021(2) dt.04-03-2022 2/2 attributable to the petitioner at all. Because the husband of the petitioner has been made accused in this case therefore the petitioner has also been shown to be a member of the mob. There is a counter version of the case lodged by the petitioner vide Kumarkhand P.S. Case No. 204 of 2017 against the informant of the present case and others. The petitioner comes from a poor strata of society and because of the land dispute, she too has been made accused in this case.

Regard being had to the aforestated facts, the petitioner is directed to be released on bail, in the event of her 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 her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Madhepura in connection with Kumarkhand P.S. Case No. 203 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T