Patna High CourtCR. MISC./20774/2015disposed

Banarsi Devi v. The State Of Bihar

2015-05-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20774 of 2015 Arising Out of PS.Case No. -104 Year- 2004 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Banarsi Devi Wife of Suresh Bhagat Resident of Village Anandpur Kharauni, P.S. Paroo, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Kumar Singh For the Opposite Party/s : Mr. Smt. Anita Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 447, 341, 324, 307 and 504/34 of the Indian Penal Code.

It is alleged that the petitioner and her husband being the sister-in-law and brother-in-law of the informant were cutting the Amaltas tree of the informant and putting it on their house and on protest being made, husband of the petitioner caused injury on the head of the husband of the informant with sword. It is submitted by learned counsel for the petitioner that the accusation of assault is not against the petitioner and subsequently the informant being the wife of the brother of the husband of the petitioner has entered into compromise.

Patna High Court Cr.Misc. No.20774 of 2015 (3) dt.19-05-2015 2/2 Since the case was instituted in the year 2004, this Court is not inclined to interfere, but since accusation of assault is not against the petitioner who is a lady and informant has retracted from accusation it is a case for consideration of prayer for regular bail of the petitioner if she surrenders within a period of six weeks in connection with Paroo P.S. Case No. 104 of 2004 pending in the court of learned SDJM, (West) Muzaffarpur. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T