Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26650 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== BABITA DEVI W/O SHREE RAM YADAV R/o village- Brahma, P.S.- Chautham, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in Chautham P.S. Case No. 196 of 2020 registered under Sections 447, 341, 323, 307, 379, 34 of the Indian Penal Code.

Allegedly, in the evening, wife of younger brother of the informant was breast feeding her daughter, Suruchi Kumari and accused persons came and assaulted with intent to kill her by lathidanda, as a result of which, Suruchi Kumari sustained injury on head and became senseless.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.26650 of 2021(2) dt.02-03-2022 2/2 tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case for a petty reason. Due to family dispute, the alleged incident is said to have taken place between the family members. There was no intention to commit murder. Some dispute had taken place between the children, which led to the alleged occurrence. The petitioner is a lady. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss Alka Roy, learned Judicial Magistrate-Ist Class, Khagaria in connection with Chautham P.S. Case No. 196 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T