← Library
Patna High CourtCR. MISC./14589/2023bail granted

Soni Devi @ Pratima Kumari v. The State Of Bihar

2023-05-24Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14589 of 2023 Arising Out of PS. Case No.-1200 Year-2021 Thana- NAWADA District- Nawada ====================================================== SONI DEVI @ PRATIMA KUMARI Wife of Subodh Kumar R/o MohallaMalgodam Road, Indira Chowk, P.S.- Town (Nawada), District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-05-2023 Heard learned counsel appearing on behalf of the parties.

The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Town (Nawada) P.S. Case No.1200 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379 and 324 of the Indian Penal Code.

The allegation against the petitioner is to assault informant and other along with other accused persons, by means of using rod, etc., causing head and other bodily injuries, having intention to cause their death, where, occurrence is arises out of long standing land dispute.

Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated in the present case being family member of main co-accused, who participated

Patna High Court CR. MISC. No.14589 of 2023(2) dt.24-05-2023 2/2 actively, during course of occurrence and who cause head injury to informant. It is submitted that specific allegation as regard to causing head injury is available against co-accused, namely, Navin Kant, whereas, the allegation against this petitioner is very much general and omnibus. While concluding the argument, it is submitted that petitioner is a lady. Learned APP for the State, opposes the prayer of bail.

Considering the aforesaid facts and circumstances of the case, as allegation against this petitioner is appearing very much general and omnibus, as regard to assault, during course of occurrence, who is a lady, accordingly above named petitioner, in the event of her arrest or surrender before learned court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada /concerned Court, where the case is pending in connection with Town (Nawada) P.S. Case No.1200 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) S.