Kamakhya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18044 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- TARAIYA District- Saran ====================================================== 1.

KAMAKHYA SINGH S/o Late Ramjee Singh Resident of Village- Taraiya, P.S.- Taraiya, District- Saran (Chapra).

2.

Hewanti Devi @ Dewanti Devi W/o Kamakhya Singh Resident of VillageTaraiya, P.S.- Taraiya, District- Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kapil Deo Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-01-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

At the outset, learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail application, the petitioner no.1 has been arrested and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw this application as against petitioner no.1.

In view of the aforesaid submission, the application is dismissed as withdrawn as having become infructuous as against petitioner no.1.

Patna High Court CR. MISC. No.18044 of 2021(2) dt.20-01-2022 2/3 The petitioner no. 2 apprehends her arrest for the offences alleged under Sections 341, 323, 324, 307, 504, 379 and 506/34 of the Indian Penal Code, registered in connection with Taraiya P.S.Case No. 307 of 2020.

The learned counsel for the petitioner no.2 has submitted that both parties are agnates and there is case and counter case. The persons of the defense side have also sustained grievous injuries. As per the FIR, co-accused Arvind Kumar Singh inflicted farsa blow on the head of the informant Triloki Nath Singh. The allegation against petitioner no.2 is that she inflicted lathi blow on the person of the informant. The learned counsel for the petitioner has submitted that only one sharp-cut injury was found on the head of Triloki Nath Singh, which is attributed to co-accused Arvind Kumar Singh and not against the present petitioner though the injuries are grievous in nature.

There is specific allegation on co-accused Arvind Kumar Singh to give farsa blow on the head of Triloki Nath Singh, which is corroborated by the injury report, which shows that the informant has sustained solitary sharp-cut injury. Considering the above facts and circumstances, let the petitioner no.2 above-named, in the event of her arrest or

Patna High Court CR. MISC. No.18044 of 2021(2) dt.20-01-2022 3/3 surrender within four weeks from the date of communication of this order, 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Taraiya P.S.Case No. 307 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T