Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19316 of 2022 Arising Out of PS. Case No.-426 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== SEEMA DEVI W/o Manoj Mishra Resident of Village - Malwa, P.S.- Shikarpur, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 34 of the Indian Penal Code.

The allegation against the petitioner is that she ordered her sons to kill the informant and accordingly they started assaulting the informant by means of iron bakhua, due to which he sustained head injury. Thereafter the petitioner hit the informant by means of Garasa on his leg.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.19316 of 2022(2) dt.23-08-2022 2/2 petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that allegation against the petitioner is of hitting the informant by means of Garasa on his leg but as per injury report, the injury is simple in nature (Annexure-2). It is further submitted that there is an admitted land dispute between the parties. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the injury is simple in nature, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Shikarpur P.S. Case No.426/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.