Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14660 of 2023 Arising Out of PS. Case No.-310 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== 1.
Deepak Kumar Son Of Sudhir Mahto @ Sudhri Mahto R/V- Mathurapur, P.S.- Jandaha, District- Vaishali (hajipur) 2.
Rani Devi Wife Of Deepak Kumar @ Deepaka Kumar R/V- Mathurapur, P.S.- Jandaha, District- Vaishali (hajipur) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP For the Informant : Mr. Dhirendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
At the outset it is submitted that the present bail petition now survives against petitioner no.2, namely Rani Devi, as per order dated 29.03.2023.
The accused/petitioner is named in the F.I.R. and apprehended her arrest in connection with Jandaha P.S. Case No.310 of 2022 registered for the offences punishable under Sections 323, 504, 506, 307, 447 and 379 read with Section 34 of the Indian Penal Code.
The allegation against the petitioner is to assault
Patna High Court CR. MISC. No.14660 of 2023(3) dt.24-05-2023 2/3 informant and others alongwith other co-accused persons/family members by means of sword, lathi and stones causing head and bodily injuries, having intention to cause their death, where occurrence arises out of neighborhood disputes and differences. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been implicated in this case only for the reason that she is wife of Deepak Kumar against whom thrust of allegation of causing head injury by means of sword is available, which alleged to caused to the husband of informant. It is submitted that allegation against this petitioner is available to assault informant by means of brick-bat but no injury report is available as informant was not medically examined by the doctor. While concluding the argument it is submitted that petitioner is a lady of clean antecedent.
Learned APP duly assisted by learned counsel appearing on behalf of Informant, while opposing the prayer for bail submitted that allegation of assault is available against this petitioner.
In view of the facts and circumstances as mentioned above as allegation to cause grievous head injury is available against co-accused/husband Deepak Kumar and not against this petitioner, who is a lady of clean antecedent, accordingly the
Patna High Court CR. MISC. No.14660 of 2023(3) dt.24-05-2023 3/3 petitioner above named, in the event of her arrest or surrender before the 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) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Vaishali at Hajipur/concerned Court below where the case is pending in connection with Jandaha P.S. Case No.310 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T