Patna High CourtCR. MISC./48215/2016bail granted

Smt. Sheo Muni Devi v. The State Of Bihar

2016-12-20Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.48215 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48215 of 2016 Arising Out of PS.Case No. -26 Year- 2013 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Smt. Sheo Muni Devi wife of Ashok Paswan resident of Village- Bhelai, P.S.- Udwant Nagar, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This is an application for grant of bail for offences punishable under Sections 323, 341, 325, 448, and 379/34 of the Indian Penal Code and Section 3/4 of the Prevention of Witch(Daain) Practice Act, 1999. It has been submitted on behalf of the petitioner that only allegation against the petitioner that she called the informant a daain (Witch) and assaulted her by means of broom. It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case due to village politics and even from the perusal of the First Information Report, the allegation of assault is against other co-accused persons and also the injuries

Patna High Court Cr.Misc. No.48215 of 2016 (2) dt.20-12-2016 inflicted on the persons of the informant, were found to be simple in nature.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that only general and omnibus allegation of assault has been levelled against the petitioner and also the injury caused to the informant is simple in nature, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within a period six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Navin Kumar Srivastava, learned Judicial Magistrate-1st Class, Ara, in connection with Udwant Nagar P.S. Case No. 26 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunil/- U