Chanda Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.19530 of 2016 (3) dt.30-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19530 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -SRINAGAR District- WEST CHAMPARAN (BETTIAH) ====================================================== Chanda Devi Wife of Bharat Mukhiya resident of Village- Masan Dhaba, PS Srinagar Pujaha, District West Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Satyendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 30-06-2016 The petitioner apprehends her arrest in a case under sections 302/34 of the IPC on the allegation that on 1.6.2015 she and other six persons assaulted informant's wife Radhika Devi with Lathi calling her 'Dayeen'. She sustained a number of injuries leading to her death on 5.6.2015.

The petitioner submits that there is a case and counter case and there is a delay of 4 days in lodging of the FIR. Counsel for the informant opposes the prayer for bail. In view of nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. The bail petition is refused with direction to the petitioner to surrender and seek regular bail which would be considered on its own merit, preferably on the same day, also taking into account that the petitioner is a woman and there is delay of 4/5 days in lodging of the FIR. Shashi.

(Samarendra Pratap Singh, J) U T