Janki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12675 of 2020 Arising Out of PS. Case No.-1087 Year-2019 Thana- NAWADA District- Nawada ====================================================== JANKI DEVI Wife of Chandrika Chaudhary Resident of Village - Bhadauni (Near Sita Ram Sahu College, Nawada), P.S.- Nawada Town, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Birendra Kumar, Advocate.
For the State :
Mr. A.M.P. Mehta, A.P.P.
For the Informant :
Mr. Rajesh Ranjan Kumar, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.
The petitioner apprehends her arrest in connection with Nawada Town P.S. Case No.1087 of 2019 registered under Sections 341, 323, 504 and 302/34 of the Indian Penal Code. The accusation is that in the morning of 15.09.2019, Babu Lal Chaudhary, the grandfather of the informant Kailash Kumar, was present behind his house. At that time, Pawan Chaudhary, his father Chandrika Chaudhary and mother Janki Devi (petitioner) started to abuse and, on protest, they started to cause assault through fists and slaps to Babu Lal Chaudhary, the
Patna High Court CR. MISC. No.12675 of 2020(4) dt.09-03-2021 2/3 grandfather of the informant Kailash Kumar, in which Babu Lal Chaudhary, the grandfather of the informant Kailash Kumar, became unconscious. When the informant reached there, then they fled away from there. The grandfather of the informant was rushed to Sadar Hospital Nawada from where he was referred to Patna but he died in the way.
Learned counsel for the petitioner submits that, in fact, the deceased, the grandfather of the informant, died due to brain haemorrhage but with an ulterior motive and enmity, the informant has falsely implicated the petitioner, her husband Chandrika Chaudhary, and son Pawan Chaudhary. In the postmortem examination of the deceased Babu Lal Chaudhary, the grandfather of the informant, no external injury was found on his person rather the cause of his death has been shown as blood clotting in his occipital region. Further submission is that Chandrika Chaudhary, the husband of the petitioner, has already been granted the privilege of pre-arrest bail by a Coordinate Bench of this Court vide order dated 09.09.2020 passed in Criminal Misc. No.20671 of 2020. The petitioner, who is lady, has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her
Patna High Court CR. MISC. No.12675 of 2020(4) dt.09-03-2021 3/3 arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case No.1087 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T